Rights of Persons with Disabilities Act, 2016 – Constitution of India – Arts.14, 19, 21 – Enforcing the rights of persons with disabilities to equal opportunity – Measure of inclusivity – Modification of the timeline for scribe registration in the Civil Services Examination and for permitting the use of laptops equipped with Screen Reader Software along with accessible digital question papers for eligible candidates – Directions by the Supreme Court:
Held: a) Respondent No.2-UPSC to ensure that in every notification for the examinations conducted by it, a clear provision is incorporated permitting candidates eligible for a scribe to request a change of scribe up to at least seven days prior to the date of the examination, and such requests to be objectively considered and disposed of by a reasoned order within three working days of receipt of the application; b) Respondent No.2 directed to file a comprehensive compliance affidavit clearly delineating the proposed plan of action, timeline, and modalities for the deployment and use of Screen Reader Software for visually impaired candidates in the examinations to be conducted by it – The affidavit shall also specify the steps proposed for testing, standardisation, and validation of the software and related infrastructure across all or designated examination centres, and shall further indicate the feasibility of ensuring that the said facility is made operational and available to all eligible candidates from the next cycle of examinations; c) Respondent No.2 in coordination with the Department of Empowerment of Persons with Disabilities (DEPwD) and the National Institute for the Empowerment of Persons with Visual Disabilities (NIEPVD), to formulate uniform guidelines and protocols for the use of Screen Reader Software and other assistive technologies to ensure standardisation, accessibility, and security of the examination process across all or identified examination centres, as deemed fit by it; d) Respondent No.1-Union of India, through the Department of Personnel and Training (DoPT) and the Ministry of Social Justice and Empowerment, to extend all necessary administrative and technical support to respondent No.2 for the expeditious implementation of the above measures and shall facilitate coordination with State Governments and examination authorities wherever required; e) The implementation of these measures shall be undertaken in a manner that ensures full accessibility to eligible candidates while maintaining the sanctity, confidentiality, and fairness of the examination process. [Para 11] Rights of Persons with Disabilities Act, 2016 – Constitution of India – True measure of inclusivity:
Held: The true measure of inclusivity in governance lies not merely in the formulation of progressive policies but in their faithful and effective implementation – The rights guaranteed to persons with disabilities are not acts of benevolence, but expressions of the constitutional promise of equality, dignity, and non-discrimination enshrined in Arts.14, 19, and 21 of the Constitution of India – The Union Public Service Commission, being the premier constitutional body entrusted with upholding the values of merit and fairness in public recruitment, must ensure that its processes are accessible, transparent, and sensitive to the needs of every segment of society. [Para 13]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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