"Taking Exam A Fundamental Right Under Art. 21": Allahabad HC Permits 80% Handicapped Candidate To Take Attendant To Rly Exam Centre

Sparsh Upadhyay

25 Sept 2022 2:54 PM IST

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Taking Exam A Fundamental Right Under Art. 21: Allahabad HC Permits 80% Handicapped Candidate To Take Attendant To Rly Exam Centre

Stressing that appearing in the examination is a fundamental right guaranteed under Article 21 of the Constitution of India, the Allahabad High Court has permitted a railway exam candidate (who is 80% handicapped) to take an attendant to the examination centre.The bench of Justice Rajesh Singh Chauhan allowed the writ plea of the candidate (Rahul Pandey) by directing the competent...

Stressing that appearing in the examination is a fundamental right guaranteed under Article 21 of the Constitution of India, the Allahabad High Court has permitted a railway exam candidate (who is 80% handicapped) to take an attendant to the examination centre.

The bench of Justice Rajesh Singh Chauhan allowed the writ plea of the candidate (Rahul Pandey) by directing the competent Railway Authorities to allow him to carry one attendant, who would take him to the examination centre and to the examination room.

The Court further directed that the attendant shall remain present outside the examination room till completion of the examination and after completion of the examination, the attendant would again give his/ her assistance to the petitioner to take back him to his place.

In its order, the Court also invoked the Fundamental Right guaranteed under Article 21 of the Constitution of India as it remarked thus:

"...i find it appropriate that appropriate direction be issued on the compassionate ground so that the petitioner could appear in the examination in question inasmuch as appearing in the examination in question is a fundamental right guaranteed under Article 21 of the Constitution of India, which provides right to life. Right to life includes a dignified life and if any person qualifies any proper examination, his life would be better and that fellow would be able to live comfortably."

Essentially, the Candidate was to take the examination conducted by the Railway Recruitment Board for various posts on September 15, 2022, and since he needed an attendant to provide him with the required assistance, he preferred a representation dated July 16, 2022, however, no decision on the same was taken.

Thus, the candidate moved to the High Court by submitting that he has prepared thoroughly for the examination in question but unless and until he is provided with an attendant to take him to the examination room, he would not be able to appear in the examination.

Therefore, he had prayed in his plea that considering his bonafide difficulty of the petitioner, he be permitted one attendant to take him to the examination centre and in the examination room in the interest of justice.

Considering the facts and circumstances of the issue in question and also perusing the disability certified of the petitioner, the Court directed that the petitioner be allowed to take an attendant to the exam centre on compassionate grounds.

Case title - Rahul Pandey v. Union Of India And 3 Others [WRIT - A No. - 14614 of 2022]

Case Citation: 2022 LiveLaw (AB) 445

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"Taking Exam A Fundamental Right Under Art. 21": Allahabad HC Permits 80% Handicapped Candidate To Take Attendant To Rly Exam Centre

Sparsh Upadhyay

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