SC directs Centre to border ‘correct tips’ on granting writers to individuals with disability throughout exams
The court expressed concern about the separation that exists between government departments on the matter, saying that the government’s left hand does not know what the right hand is doing
File picture of the Supreme Court of India. PTI
New Delhi: In a significant ruling on Thursday, the Supreme Court ordered the center to establish appropriate guidelines for regulating and facilitating the granting of a scribe facility for people with disabilities in written exams, highlighting the policy separation between two ministries on the issue, that the left hand doesn’t know what the right hand is doing.
The Apex court took note of the view of the Department of Social Justice and Empowerment (MSJE), a node ministry for the welfare of people with disabilities, that a person with disabilities who are not legally required disabilities can also use a clerk as the guidelines are not exhaustive.
“This view of the Node Ministry does not appear to have affected UPSC, which, on the other hand, considers itself strictly bound to the conduct of the CSEUPSC without departing from the DoPT-established rules for conduct of the CSEUPSC and has therefore expressly stated this before this court. A candidate describing a person not met with benchmark disabilities would not be eligible for a scribe. These differing views of two key ministries before the Court are symptomatic of a political separation. We express our concern that any policy is an issue with profound ramifications for the disabled people of India , The left hand doesn’t know what the right is doing, “said a bench that included Judges DY Chandrachud, Indira Banerjee and Sanjiv Khanna.
The Supreme Court issued a series of handicap-friendly instructions to the MSJE at the request of a UPSC civil service aspirant suffering from a neurological disorder “dysgraphia” also known as Writer’s Cramp, who was denied the option of a scribe on the exam for the reason that it can only be made available to persons with benchmark disabilities such as blind candidates and persons with a mobility impairment or cerebral palsy with an impairment of at least 40 percent.
The bank allowed MBBS graduate Vikas Kumar to be appealed by overturning the Delhi Supreme Court ruling that upheld the Central Administrative Court’s views of denying him the clerk.
When Judge Chandrachud was drafting the judgment, he was of the opinion that the ability to write may be made available to persons with disabilities other than those with benchmark disabilities under the Disability Rights Act.
“We also intend to give the Union Government in the Ministry of Social Justice and Empowerment (MoSJE) a broader brief to ensure that appropriate guidelines are put in place to regulate the granting of a writing facility for people with disabilities within the EU facilitate.” Meaning of section 2 (s) where the nature of the handicap places an obstacle on the candidate writing an exam, “reads the 62-page judgment.
It called on the ministry to set appropriate standards in formulating the procedures to ensure that the applicant’s condition is properly certified by the competent medical authority to ensure that only genuine applicants who need the facility are able to do so Make use. This exercise must be completed within three months of receiving a certified copy of this judgment, and a copy of the guidelines will be sent to the Registrar (Court) of that court, “it states, adding the register of the Apex Court, placing the guidelines after you they have received from the government prior to receiving instructions.
The Supreme Court also dealt with the disruption of policy on issues related to disabled people, calling on the government to consult with people with disabilities and involve them in making decisions on matters affecting their lives, saying, “It was necessary to bring about significant changes. ” realizing their rights and would be in sync with the philosophy of nothing about us without us “.
In its ruling, the bank referred to the Americans with Disabilities Act (ADA) proposed by then-President George HW Bush, saying that it created an empowered class of beneficiaries known as the ADA generation.
In relation to the present case, in which the doctor was wrongly refused to write, it was said that there was a need to make a significant contribution to the project of creating the RPwD generation (rights of persons with disabilities) in India.
“A generation of disabled people in India who consider birthright access to all constitutional rights, robust legal rights tailored to their particular needs, and favorable social conditions necessary for them to thrive and become truly equal participants in all Facets of life, “it said.
While the center should establish guidelines, it should take into account that it is the duty of the state to provide reasonable accommodation for such disabled people when they approach the authorities to participate in the process.
“In India, as evidenced by the political segregation in this case, there is often a lack of participation by disabled people in such decision-making processes, which means that their voices are not heard and their complaints are not answered.
“Taking into account our constitutional and international obligations, we instruct the MSJE to formulate the above guidelines in consultation with the public, particularly with people with disabilities and the organizations they represent,” it said.
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