Karnataka HC Directs KPSC To Consider Granting 20 Min Per Hour Grace Period To Visually Impaired Students

A division bench of Chief Justice Abhay Oka and Justice Ashok S Kinagi said "Though we cannot issue interim directions as examination is scheduled on Aug 24, time of three days is available to respondents, it will be appropriate if respondent 1 (Commission) and respondent 2 (State government) consider granting 20 minutes as per clause 12, of the Central Government guidelines issued in pursuance of Rights of Persons with Disabilities Act."

The bench, while refusing to postpone the examination, made it clear that the issue of legality of the examination will be considered subsequently. It said "As examinations are scheduled to be held on August 24, we are not issuing any interim orders for postponement of the examination. We however, make it clear the issue of legality of the examination as regards to visually impaired candidates will have to be kept open."

Senior Advocate Jayna Kothari appearing for petitioner The National Federation of the Blind, argued that the provisions under the Rights of Persons with Disabilities Act are not being complied with by the respondents. Moreover, the guidelines issued by the state government are not consistent with Central government guidelines issued on Aug 29, 2018, issued in pursuance to the Act.

Advocate Reuben Jacob appearing for the Commission argued that 682 candidates from the visually impaired category applied and 305 candidates have opted for help from scribe and agree to bring their own scribe. Remaining 377 candidates have not exercised this option. It was also argued by him at this short notice it would be difficult for the KPSC to also arrange for scribes for the candidate.

To a question posed by the court on whether the candidates who have opted for a scribe facility while filling the form in February-March to appear in their exams but are not able to ensure presence of the scribe in the present situation of pandemic, what would KPSC do in such cases.

Jacob said he would have to take instruction on this issue. The bench in its order said "It is the duty of respondent 1 (KPSC), to ensure that due to the situation created by the pandemic no person who is visually impaired is prevented from appearing for the exam."

The petition prays for directions to KPSC to grant additional time of 20 minutes per hour or at least one hour compensatory time to for candidates not availing the facility of scribe. KPSC to form a panel of scribes and give the option of either getting their own scribes or providing for a competent scribe from the panel.

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