VIKASH KUMAR versus UNION PUBLIC SERVICE COMMISSION & ORS.

VIKASH KUMAR versus UNION PUBLIC SERVICE COMMISSION & ORS.

The Supreme Court held that benchmark disability under s.2(r) is not a precondition for entitlement to reasonable accommodation under the RPwD Act, 2016; a person falling within s.2(s) whose disability (e.g. writer's cramp) operates as a barrier to writing is entitled to a scribe and related accommodations, and DoPT/UPSC erred in restricting scribes only to benchmark categories; appellant entitled to scribe and MSJE directed to frame comprehensive guidelines for granting scribes to persons under s.2(s).

Parties
Appellant: VIKASH KUMAR; Respondent: UNION PUBLIC SERVICE COMMISSION; Respondent: UNION OF INDIA
Jurisdiction
India
Judgment Date
11 February 2021
Procedural Posture
Civil Appeal / Decided on Appeal by Supreme Court
Outcome
Appeal allowed; High Court judgment and Tribunal order set aside
Legal Topics
Reasonable Accommodation, Benchmark Disability, Scribe Entitlement in Examinations, Interpretation of Rpw D Act 2016, Right to Equality Under Articles 14, 19, 21
Disability Rights Constitutional Law Administrative Law Examination/selection Procedures Reasonable Accommodation Benchmark Disability Scribe Entitlement in Examinations Interpretation of Rpw D Act 2016 +1 more

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Parties

VIKASH KUMAR

Appellant

UNION PUBLIC SERVICE COMMISSION

Respondent

UNION OF INDIA

Respondent

Procedural Posture

Civil Appeal / Decided on Appeal by Supreme Court

Legal Issues

  1. 1 Whether a candidate suffering from writer's cramp/dysgraphia who does not meet the 40% benchmark disability threshold is entitled to a scribe for the Civil Services Examination
  2. 2 Whether the concept of 'benchmark disability' in s.2(r) of the RPwD Act, 2016 is a precondition for entitlement to reasonable accommodations such as a scribe
  3. 3 Whether DoPT/UPSC may limit provision of scribes to only those with benchmark disabilities contrary to the RPwD Act, 2016

Ratio Decidendi

The Supreme Court held that benchmark disability under s.2(r) is not a precondition for entitlement to reasonable accommodation under the RPwD Act, 2016; a person falling within s.2(s) whose disability (e.g. writer's cramp) operates as a barrier to writing is entitled to a scribe and related accommodations, and DoPT/UPSC erred in restricting scribes only to benchmark categories; appellant entitled to scribe and MSJE directed to frame comprehensive guidelines for granting scribes to persons under s.2(s).

Court Disposition

Appeal allowed; High Court judgment and Tribunal order set aside

Orders

  • Appeal allowed and impugned judgment and order of the High Court of Delhi dated 25.09.2018 set aside
  • Appellant entitled to facility of a scribe for the Civil Services Examination and any other competitive selection conducted under authority of the government