Denial of scribe or compensatory time to disabled candidates is discrimination: Supreme Court

The top court directed all the authorities, recruitment agencies and examining bodies to uniformly follow the guidelines issued by the Centre and ensure strict adherence through periodic surveys or verification.

New Delhi: The Supreme Court on Monday said the principle of reasonable accommodation is central to ensure equality for all the persons with disabilities; and denying the facility of scribe or compensatory time, constituted discrimination under the Rights of Persons with Disabilities (RPwD) Act, 2016. 

"This court also wishes to diminish the artificial distinction and bifurcation drawn between candidates with disabilities and those with benchmark disabilities (40% disabled or more) by extending various rights to candidates with disabilities that were earlier limited only to those with benchmark disabilities," a bench of Justices J B Pardiwala and R Mahadevan said.

The bench ordered that the guidelines issued by the Union government's Ministry of Social Justice and Empowerment following the previous directions of this court, have to be enforced, by extending the benefits for PwBD candidates to all PwD candidates in writing their examinations, without any hindrance.

The court directed the Union government to revisit the office memorandum of August 10, 2022, and remove the restrictions and grant relaxations in a reasonable manner and renotify it afresh within two months.

Further, the bench said, the examination bodies are stressed upon to implement accessibility measures, ensure that the examination centres are physically accessible and equipped to accommodate disabled candidates and ensure strict compliance of the RPwD Act, 2016 to prevent discrimination and provide equal opportunities for the persons with disabilities. 

The court said all the benefits given to PwBD (persons with benchmark disability) candidates must also be extended to PwD (persons with disability) candidates, and there can be no discrimination between the candidates in granting facilities such as scribes, compensatory time, etc., except for reservation, in writing the examinations.

The court rendered its judgment on a plea filed by Gulshan Kumar who sought a direction for the facility of a scribe, compensatory time and all other facilities under the law, considering his disability status for the upcoming banking examinations.