Supreme Court Allows All Disabled Candidates To Take Scribe In Exams Without Meeting Benchmark Disabilities
1 month, 3 weeks ago

Supreme Court Allows All Disabled Candidates To Take Scribe In Exams Without Meeting Benchmark Disabilities

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The Supreme Court today allowed a writ petition filed by a candidate suffering from Focal Hand Dystonia, seeking to avail the benefit of the scribe by relying on landmark Vikas Kumar v. UPSC in which it held that benchmark disability is not the precondition to obtaining a scribe. A bench of Justices J.B. Pardiwala and R. Mahadevan passed the judgment by reiterating the Vikas Kumar judgment in which a UPSC candidate, who suffered from Writer's camp, was allowed to avail scribe as against the Civil Services Examination Rules, 2018, in which it was stated that a scribe could be provided only to blind candidates and candidates with locomotor disability or cerebral palsy with an impairment of at least 40%. Set up incentives programs for scribe to ensure their availability and provide necessary training; vii.provide some time prior to the examination to allow the candidates to familiarize themselves with the scribe to ensure that there is a sense of comfort while communicating with the scribe during the examination; viii.offer PwD candidates a choice of examination modes, such as scribe braille, large print, audio recording of answers, etc; ix.take penal action against authorities/officials in charge of decisionmaking process, who fail to follow the guidelines set out by the Respondent No.5 and formulate guidelines which exclude PwD; x. sensitise the persons working for the respondent authorities, and train them on a regular basis, to address the reasonable accommodation needs of PwDs; and xi. The petitioner candidate has filed a writ petition against various examination authorities such as the Institute of Banking Personnel Selection, State Bank of India, Staff Selection Commission, Bihar Staff Selection Commission and the Union of India via the Department of Empowerment of Persons with Disabilities where he was denied the facility of scribe and compensatory time on grounds that these were only available for persons with benchmark disability.

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