The Supreme Court ruled on Monday that all persons with disabilities (PwD), regardless of the severity of their condition, must receive equal benefits in competitive examinations, including access to scribes and extra time.
Emphasizing that reasonable accommodation is a legal right rather than a privilege, the court directed the Union government to revise its 2022 office memorandum. This revision would eliminate distinctions between PwD and persons with benchmark disabilities (PwBD), who are classified as having a disability of 40% or more.
A bench comprising Justices JB Pardiwala and R Mahadevan held that denying a scribe or additional time based on the level of disability violates the Rights of Persons with Disabilities (RPwD) Act, 2016. The ruling was issued in response to a public interest litigation (PIL) filed by Gulshan Kumar, who suffers from Focal Hand Dystonia (Writer’s Cramp) and was denied these accommodations in an examination.
The court rejected the classification between PwD and PwBD, ruling that all benefits available to PwBD candidates should also extend to PwD candidates. It stated that denying a scribe or extra time constitutes discrimination under the RPwD Act. The bench also emphasized that examination authorities must implement accessibility measures to ensure compliance with the law.
Kumar had challenged the August 10, 2022, office memorandum issued by the Ministry of Social Justice and Empowerment. While the memorandum extended some benefits to candidates with disabilities below 40%, he argued that it did not fully uphold the principles of reasonable accommodation.
The Supreme Court agreed, noting that inconsistencies in implementation were creating confusion and discrimination. “Some examination bodies have refused to provide benefits to PwD candidates due to a lack of a clear grievance redressal mechanism, leading to inefficiency and unfair treatment,” the court observed.
Furthermore, the court dismissed the argument that private recruitment bodies are exempt from the RPwD Act. It reaffirmed that fundamental rights under Articles 19 and 21 of the Constitution are enforceable against private entities as well. Citing the Constitution bench ruling in Kaushal Kishor vs. State of Uttar Pradesh (2016), the court asserted that the benefits granted by law must be available to all PwD candidates.
The government has been ordered to revise the 2022 guidelines within two months to ensure a standardized and non-discriminatory policy. The judgment also outlined key directives for enhancing examination accessibility and enforcing disability rights.
The bench mandated that all examination authorities and recruitment agencies must uniformly implement the revised guidelines. Additionally, it called for regular sensitization programs in educational institutions to promote awareness. To improve accessibility, examination bodies must provide various accommodations, including scribes, Braille and large print question papers, audio-recorded answers, and multiple testing formats.
To ensure effective implementation, the court ordered periodic reviews of examination policies, as well as training programs for examination officials and staff to address the needs of PwD candidates. It also recommended incentives to encourage individuals to volunteer as scribes.
