Landmark Judgment Extends Scribe Benefits Under RPwD Act to Ensure Equality and Dignity
In a significant judgment, the Kerala High Court has ruled that the scribe facility under the Rights of Persons with Disabilities (RPwD) Act, 2016, must be extended to individuals with disabilities less than the benchmark threshold of 40%. The court’s decision came in response to a writ petition filed by Anju Mary Francis, who was denied the scribe facility by the Kerala Public Service Commission (KPSC) due to her 25% certified intellectual disability.
Presided over by Justice Harisankar V. Menon, the court emphasized the inclusive intent of the RPwD Act, asserting that the scribe facility is a statutory right aimed at promoting equality and dignity for all persons with disabilities. The court relied on the Supreme Court’s judgment in Vikash Kumar v. Union Public Service Commission, which underscored the necessity of extending scribe benefits to ensure a dignified life for persons with disabilities.
The petitioner, represented by advocates Sri. C.V. Manuvilsan and others, argued that the denial of the scribe facility violated Articles 14 and 21 of the Constitution of India, as well as the provisions of the RPwD Act. The court concurred, stating that restricting the scribe facility to only those with benchmark disabilities contravenes the spirit of the Act and the constitutional guarantees of equality and dignity.
The KPSC, represented by Sri. P.C. Sasidharan, contended that the facility was limited to benchmark disabilities as per their internal guidelines and the circular issued post the Supreme Court’s ruling in Vikash Kumar. However, the court dismissed this argument, highlighting that the Government of India’s memorandum, which supports the extension of scribe benefits, should be uniformly implemented across states to avoid discrimination.
In its order, the court directed the KPSC to recognize the petitioner’s eligibility for the scribe facility in all future examinations, irrespective of the benchmark disability threshold. Furthermore, the court urged the formulation of uniform guidelines across Kerala to ensure consistent application of the scribe facility for those with disabilities below 40%, aligning with the Supreme Court’s directive and the Government of India’s guidelines.
This judgment marks a pivotal step in reinforcing the rights of persons with disabilities, ensuring that they receive necessary accommodations to participate equally in society. It serves as a reminder of the judiciary’s role in upholding constitutional and statutory rights, fostering an inclusive environment for all citizens.
Bottom line:-
The benefit of providing a scribe under the Rights of Persons with Disabilities (RPwD) Act, 2016, is not limited to persons with benchmark disabilities (40% disability or more) but extends to those falling under Section 2(s) of the Act to ensure equality and dignity.
Statutory provision(s): Rights of Persons with Disabilities Act, 2016, Sections 2(s), 2(r); Constitution of India, Articles 14, 21
Anju Mary Francis v. Kerala Public Service Commission, (Kerala) : Law Finder Doc id # 2944045
