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Supreme Court of India 2021-02-11 allowed

Vikash Kumar vs Union Public Service Commission & Ors

Bench: 3 — Dr. Dhananjaya Y Chandrachud, Indira Banerjee, Sanjiv Khanna

In Brief

A civil servant applicant with writer's cramp (dysgraphia) challenged his denial of a scribe during the Civil Services Examination. The Court held that reasonable accommodation for persons with disability is a statutory entitlement under the Rights of Persons with Disabilities Act 2016, not confined to those with 'benchmark disability' (40% impairment). The benchmark disability threshold applies only to specific provisions like reservation; general rights and accommodations extend to all persons with disability. The rigid CSE Rules restricting scribes to only blind and certain locomotor-disabled candidates violated the Constitution and the Act. The Court stressed that reasonable accommodation must be individually tailored and that conjecture about misuse cannot justify denying statutory entitlements. The appeal was allowed and the High Court's order was set aside.">

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Disability Rights Civil Services Examination Rights of Persons with Disabilities Act 2016 Reasonable Accommodation Equality Constitutional Law Non-discrimination Persons with Disability

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