The Supreme Court also issued a directive for all authorities, recruitment agencies, and examination bodies to follow these new guidelines uniformly. The court emphasized the need for “strict adherence through periodic surveys or verification” to ensure these rules are being properly followed.
New Delhi, February 3: The Supreme Court of India stated that all disabled candidates will now be allowed to take scribes to write their exams, even if they do not meet the benchmark disability criteria. This means that individuals with any disability, not just those with 40% or more of a specified disability, will be eligible for assistance.
Benchmark disability refers to a person who has 40% or more of a specified disability as per the certificate issued by a government authority. However, the court has now widened the scope of this definition.
A bench of Justices J.B. Pardiwala and R. Mahadevan emphasized that the Centre must ensure the proper implementation of this order.
They said, “It was the Centre’s responsibility to ensure its ‘proper and just’ compliance.”
In the judgment, the bench further clarified, “Guidelines issued by the respondent number 5 (Centre) pursuant to the directions of this court, have to be enforced, by extending the benefits for PwBD (persons with benchmark disabilities) candidates to all PwD (persons with disabilities) candidates in writing their examinations, without any hindrance.”
This statement makes it clear that no candidate with a disability should face barriers when requesting scribe assistance.
The court also ordered the Centre to revisit an office memorandum dated August 10, 2022, which had imposed restrictions on the scribe facility. The court directed that these restrictions be removed and that relaxations be granted “in a reasonable manner.”
The Supreme Court also issued a directive for all authorities, recruitment agencies, and examination bodies to follow these new guidelines uniformly. The court emphasized the need for “strict adherence through periodic surveys or verification” to ensure these rules are being properly followed.
The bench also highlighted the importance of creating awareness.
It ordered “periodic sensitisation drives in educational institutions for awareness among the examination conducting bodies for the effective implementation of the office memorandums.”
Additionally, the court has asked the Centre to set up a grievance redressal portal. This will allow candidates to register complaints and approach the Centre for resolution before taking the matter to court.
Further, the validity of the scribe certificate, which is currently only valid for six months, will now be extended. This will help prevent delays in getting a scribe, especially for candidates from rural areas, and allow them time to familiarize themselves with their scribe before the examination.
The Supreme Court has granted the authorities two months to comply with these directions.
This decision came in response to a Public Interest Litigation (PIL) filed by Gulshan Kumar, a disabled candidate who was seeking the scribe facility, compensatory time, and other accommodations in line with his disability for bank exams.
Case Details:
GULSHAN KUMAR Vs INSTITUTE OF BANKING PERSONNEL SELECTION|W.P.(C) No. 1018/2022
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