Disabled Candidates Not Entitled To Bring Scribe Of Own Choice To Write Competitive Exam: Kerala High Court
Case: Shibli K v Union of India
Coram: Justice Anu Sivaraman and Justice C.Pratheep Kumar
Case No.: WA NO. 1435 OF 2023
Court Observation: The circular issued by KPSC contains provision for providing the service of a suitable scribe from a panel prepared by them to PwD candidates on request. Since the scribes are provided from the panel prepared by KPSC, it is also capable of ensuring the purity of competitive examinations and to rule out any manipulations. Therefore, it is to be held that the above circular issued by KPSC is capable of protecting the rights of persons with disabilities and to rule out the possibility of misuse of own scribe. In the above circumstance, the conduct of the fifth respondent in declining the prayer of the appellant to chose his own scribe and providing a scribe from the panel prepared by them cannot be said to be arbitrary or unreasonable.
“…it can be seen that the main objective behind the RPwD Act is to treat persons with disabilities in equal footing in all respects along with other persons and also to ensure that such persons are not discriminated for the reason that they are suffering from any such disabilities. It is the duty of everyone to ensure that the persons with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally with others.”
“As contended by the fifth respondent in the counter affidavit filed by them, if the candidates are given full freedom to bring their own scribe, the same may lead to manipulations. At the same time, in order to protect the legitimate rights of persons with disabilities, they are to be provided a suitable scribe for writing competitive examinations conducted by the KPSC. Therefore, a procedure capable of protecting the legitimate rights and interests of PwD candidates and at the same time, ruling out the possibility of malpractice will be an ideal one. The circular issued by KPSC is to be evaluated in the above background.”
“In the above circumstances, we are of the considered view that the scribe provided to the candidates belonging to PwD candidates from a panel prepared by the KPSC will serve the requirements of RPwD Act. We do not find any illegality or irregularity in the impugned judgment of the learned Single Judge so as to call for any interference.”
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Disabled Candidates Not Entitled To Bring Scribe Of Own Choice, Kerala High Court
