In a landmark decision, Supreme Court on Monday held that disabled candidates can take scribes to write their exams even if they do not meet the benchmark disability criteria of 40 percent [Gulshan Kumar vs IBPS]..Up until now, only persons 40 percent of a specified disability could opt for a writer/ scribe.The bench of Justices JB Pardiwala and R Mahadevan held that the artificial distinction and bifurcation drawn between candidates with disabilities and those with benchmark disabilities (40% disabled or more)" need to be diminished..“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,” the top court directed..The apex court urged the examination bodies to implement accessibility measures to 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 to the persons with disabilities..The Court issued the following directions:(i) all the authorities / recruitment agencies / examining bodies to uniformly follow the guidelines issued by Department of Empowerment of Persons with disabilities in the Ministry of Social Justice and Empowerment and ensure strict adherence through periodic surveys / verification; (ii) carry out periodic sensitization drive at educational institutions to raise awareness among the examination conducting bodies so as to ensure that the OMs are effectively implemented; (iii) set up a grievance redressal portal to register complaints, which would permit the candidates to approach it first before approaching the court of law; (iv) inspect the guidelines framed by different authorities and re-notify the existing guidelines with an aim to ensure compliance; (v) extend the validity of the scribe certificate (currently being valid only for 6 months) to prevent the long wait time after applying, especially, in rural areas..The apex court directed that authorities abide by its directions in two months.The direction came on a PIL filed by one Gulshan Kumar who moved the Court seeking scribe, compensatory time and other facilities in the light of his disability status for bank examinations..Though the top court had earlier directed that Gulshan be provided with a scribe for the exams being conducted the SBI, the top court stated that rather than treating the case as infructuous it was important that certain guidelines be laid down for the future issues.Pursuant to that, it issued the above directions today..The petitioner was represented by Advocate Vikas Jain. Respondent Common Recruitment Process was represented by Advocate Amarendra Kumar Sharma. SBI was represented by Advocates Sanjay Kapur and Arun Kumar Sinha. SSC CGL was represented by Advocate Shreekant Terdal..[Read Judgment]
