Kerala High Court Asks Public Service Commission To Provide Visually Impaired Woman With A Suitable Scribe To Appear For Online Exam

The Kerala High Court has directed its Public Service Commission to ensure that a visually impaired woman is given a suitable scribe as contemplated in the circular issued by the Ministry of Social Justice & Empowerment Department of Disability Affairs to appear in an online examination for the post of a teacher.

However, Justice N. Nagaresh clarified that if the respondents are not able to provide a suitable scribe, the petitioner shall be permitted to indicate her own scribe and added that the respondents to ensure that the scribe deputed by them is interacting with the petitioner sufficiently early, so as to ascertain suitability.

The petitioner was born differently abled with visual impairment in both her eyes. Appearing through Advocate S.Nikhil Sankar, she sought a direction to the PSC and its District Officer to allot a scribe of her choice for undertaking the online examination for the post of Music Teacher (High School), scheduled to be conducted on 12/04/2022.

When the matter was taken up, the Standing Counsel for PSC submitted that the Commission will provide a scribe to the petitioner.

However, the petitioner argued that taking into consideration the peculiar nature of her disability, the scribe should be suitable to the petitioner as contemplated in the Government of India Circular dated 26.02.2013.

In the said circular, the Ministry of Social Justice & Empowerment Department of Disability Affairs had laid down uniform and comprehensive guidelines for conducting examinations for persons with disabilities as recommended by the Chief Commissioner of Persons with Disabilities (CCPD). 

As per clause (iv) of the Circular, a candidate should have the discretion of opting for his own scribe/reader/lab assistant or request the Examination Body for the same. It also says that the examining body may also identify the scribe/ reader/lab assistant to make panels at the District/Division/ State level as per the requirements of the examination.

The Principal Secretary of Social Welfare in every State was directed to ensure that the said guidelines were scrupulously followed while conducting examinations for persons with disabilities. All the recruitment agencies under administrative control were to be advised appropriately to ensure compliance with implementing these guidelines. 

Therefore, finding force in the argument of the petitioner, the respondents were directed to ensure that the petitioner is given a suitable scribe as contemplated in the circular. If the respondents are not able to provide a suitable scribe, the petitioner shall be permitted to indicate her own scribe.

The respondents to ensure that the scribe deputed by them is interacting with the petitioner sufficiently early, so as to ascertain suitability.

Case Title: Anjitha C.P v. Kerala Public Service Commission & Anr. 

Click Here To Read/Download The Interim Order