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Supreme Court of India 2021-02-11 allowed

Vikash Kumar vs Union Public Service Commission & Ors

Bench: 3 — Dhananjaya Y. Chandrachud

In Brief

A medical graduate with dysgraphia (Writer's Cramp) sought the facility of a scribe to take the Civil Services Examination. The UPSC denied it because he did not meet the 40% benchmark disability threshold. The Court held that benchmark disability is irrelevant to granting reasonable accommodation. Under the RPwD Act 2016, persons with any disability (Section 2(s)) are entitled to reasonable accommodation like scribes if certified by medical authority; benchmark disability (Section 2(r)) applies only to reservation provisions. The Court rejected misuse fears and directed the government to frame inclusive guidelines through consultation with disabled persons. The appeal was allowed, entitling the appellant to scribe facilities in all government competitive examinations.

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