The Supreme Court, in an important judgment on Thursday, directed the Center to make suitable guidelines for the regulation of providing facility to the person writing in the answer book for people with disabilities in the examination.

The apex court took cognizance of the Ministry of Social Justice and Empowerment (MSJE) view that apart from disability as defined under the law, persons with disabilities can also be made available for writing in the examination as the guidelines are not complete. MSJE is the nodal ministry for the welfare of the disabled.

A bench of Justices DY Chandrachud, Justice Indira Banerjee and Justice Sanjeev Khanna said, ‘The Union Public Service Commission (UPSC) has not been made aware of this consideration of the nodal ministry. On the other hand, the UPSC has specifically mentioned before this Court that they are fully committed to the rules of the Department of Personnel and Training (DoPT) for conducting the Civil Services … UPSC examination. The person who does not meet the prescribed criteria of disability will not be entitled to get the person writing (in the examination) (writer).
The bench said, ‘The two ministries of the Center have expressed different views before the court which shows that there is no policy uniformity. We have to say with great concern that both of them do not know about each other’s decision on a policy topic which greatly affects the population of disabled people in India.

The apex court also issued some instructions in
favor of the disabled, The apex court also issued some instructions in favor of the disabled person to MSJE on the petition of UPSC civil service examination candidate and a young man suffering from neurological disorders. He was refused to facilitate the person writing in the answer sheet in the examination. The bench accepted the appeal of MBBS graduate Vikas Kumar, rejecting a decision of the Delhi High Court. The High Court gave its verdict approving the views of the Central Administrative Tribunal.

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