Less than 40% Divyang will also get assistant to write in the exam, Supreme Court said clearly

New Delhi: The Supreme Court has given a verdict in the candidate’s favor on a petition seeking an assistant (scribe) to write in the examination. The Supreme Court said that for the convenience of scribe, benchmark disability is not necessary to be 40 percent or more. This decision was given on the basis of the decision given in the Vikas Kumar vs. UPSC case. The candidate, unable to line, said in his/her petition that he/she is suffering from chronic neurological condition. his/her permanent disability is estimated at 25%. he/she was refused to provide scribe facility by IBPS, SBI, SSC, BSSC and Department of Persons with Persons with Persons with Disabilities, as his/her disability was less than 40%. The petitioner also argued that despite the decisions given in the Vikas Kumar case, the examination authority was refusing to give a scribe citing ‘benchmark disability’. he/she challenged the office memorandum of 10 August 2022, which was asked to implement the scribe facility in a limited form.

Justice JB A bench headed by Pardiwala said that earlier under the UPSC rule, only more than 40 per cent of the disabled candidate was provided with scribe facility in visually, cerebral policies etc. Now this facility will also be available to those candidates who have the ability to write, even though disability is less than 40 percent.

The Supreme Court has directed that Ministry of Social Justice and Empowerment should review the office memorandum of August 10, 2022 and implement the necessary amendments within 2 months. All Examination Authority (IBPS, SBI, SSC, BSSC, UPSC) ordered to ensure that they follow these guidelines. Awareness campaigns should be conducted in educational institutions, so that institutions conducting examinations can effectively implement this facility. Grievance Redressal Portal should be established, so that candidates can file their complaints before going to court. Guidelines should be released after reviewing the guidelines made by various institutions. Incentive plans should be launched to ensure the availability of scribe.

This decision will have widespread impact in future

This decision ensures that any candidates who face difficulty in writing will get the facility of scribe without any unnecessary obstruction. This will make the examination system more inclusive and will protect the rights of the disabled. The institutions conducting the examination will now have to work under clear guidelines, so that the candidates will not have to fight a legal battle. This decision of the Supreme Court is an important step towards empowering the rights of disabled candidates. Now the facility of scribe will not be limited to only benchmark disability ‘(40% or more), but will be found to all those who have difficulty in writing.