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Gulshan Kumar v. Institute of Banking Personnel Selection & Ors.

Writ Petition (Civil) · 2025 INSC 142Decided 3 Feb 2025
Writ Petition (Civil) No. 1018 of 2022
Justice J.B. Pardiwala · Justice R. Mahadevan

Background

Gulshan Kumar, diagnosed with Focal Hand Dystonia (a chronic neurological "writer's cramp" condition) and assessed with 25% disability that did not meet the "benchmark disability" threshold, was denied a scribe and compensatory time by several recruitment bodies (State Bank of India, SSC, Bihar SSC) for competitive exams even though he had a NIMHANS certificate recommending a scribe. He filed this PIL under Article 32 seeking a direction that such facilities not be restricted only to candidates with benchmark disabilities.

Decision Breakdown

Although the specific exams named in the petition had already passed, the Court took up the larger issue given its recurring importance. It held that the benefits of the Rights of Persons with Disabilities Act, 2016 (scribe, compensatory time, and other reasonable accommodations) cannot be confined only to persons with "benchmark" disabilities, extending the reasoning of Vikas Kumar v. UPSC. Relying on the Constitution Bench ruling in Kaushal Kishor, the Court also held that Articles 19 and 21 rights can be enforced even against examining bodies that are not strictly "State" instrumentalities. It directed the Ministry of Social Justice and Empowerment to revisit its August 2022 Office Memorandum within two months and reissue uniform guidelines covering a grievance redressal portal, extended validity of scribe certificates, incentive programs for scribes, penal action against non-compliant officials, and sensitization measures.

Lesson Learnt

Persons with disabilities are entitled to reasonable examination accommodations like scribes regardless of whether their disability crosses the statutory "benchmark" threshold, and examination-conducting bodies can be compelled through writ jurisdiction to comply uniformly with disability-rights guidelines.

Official source (sci.gov.in)View Judgment (PDF)

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