SC Allows Scribes for All Disabled Candidates, Removes 40% Disability Limit
In a landmark judgement, the Supreme Court ruled that all disabled candidates can use scribes for exams, even if they do not meet the benchmark disability criteria of 40% or more [Gulshan Kumar vs IBPS].
Previously, only candidates with benchmark disabilities (40% or more) were eligible for scribes. However, the Bench of Justices JB Pardiwala and R Mahadevan held that this distinction was unfair and directed examination bodies to extend scribe facilities to all persons with disabilities (PwD), not just those with benchmark disabilities (PwBD).
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“The artificial distinction between candidates with disabilities and those with benchmark disabilities needs to be removed,” the Court stated.
Key Directives from the Supreme Court in Gulshan Kumar vs IBPS
The Court in Gulshan Kumar vs IBPS issued the following guidelines to examination authorities, recruitment agencies, and educational institutions:
- Uniform Implementation – All examination bodies must follow guidelines issued by the Department of Empowerment of Persons with Disabilities under the Ministry of Social Justice and Empowerment.
- Periodic Awareness Drives – Sensitisation campaigns must be conducted at educational institutions to ensure compliance with disability rights.
- Grievance Redressal Portal – A dedicated platform must be created to allow disabled candidates to report issues before resorting to legal action.
- Revised Guidelines – Examination bodies must review and reissue guidelines to ensure full compliance with disability laws.
- Extended Validity for Scribe Certificates – The six-month validity period for scribe certificates must be extended to prevent delays, especially in rural areas.
Implementation Deadline
The Supreme Court has directed all relevant authorities to comply with these directions within two months.
Background of the Case
The ruling came in response to a PIL filed by Gulshan Kumar, who sought scribe assistance, compensatory time, and other disability-friendly facilities for bank exams.
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- The Supreme Court had previously granted Kumar a scribe for the SBI exam.
- However, rather than treating the case as settled, the Court chose to establish guidelines for future cases, ensuring equal access for all disabled candidates.
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