Supreme Court Allows Aid Of Scribe For Judicial Services Aspirant With Writer's Cramp

In a plea filed by an aspirant of Uttarakhand Judicial Service Civil Judge (Preliminary) Examination who was suffering from a writer's cramp and was denied a scribe for the examination, the Supreme Court directed the Uttarakhand Public Service Commission to ensure that a scribe is made available to the petitioner. The direction was passed by a bench comprising CJI DY Chandrachud and Justice PS Narasimha.

The petitioner stated  that a writer's cramp is a specific type of focal dystonia (neurologic movement disorder) that affects one’s fingers, hand, or forearm. Despite the All India Institute of Medical Science, New Delhi issuing a certificate for consideration of providing scribe/extra time to the petitioner for any examination, the Uttarakhand Public Service Commission refused to do so. The petitioner argued that the examination was scheduled for 30th April 2023 and it was necessary for the petitioner to have a scribe for the same. He further stated that the petitioner had previously attended the Haryana Civil Services (Judicial Branch) examination, 2020-2021, wherein he was provided opportunity to the use the scribe while taking his exams.

As per the petition–

"The entire career of the petitioner has been jeopardised by the decision of the respondent and his performance will be compromised in the Uttarakhand Judicial Service Civil judge (Preliminary) Examination – 2023, which is to be held on 30.04.2023, thereby directly snatching away his fundamental rights as guaranteed under the Indian Constitution."

The Apex Court, citing the principles laid down in Vikash Kumar v. Union Public Service Commission & Ors, directed the Uttarakhand Public Service Commission to ensure that a scribe is made available to the petitioner. The order states–

"Bearing in mind the principles which have been laid down in the decision of this Court in Vikash Kumar v. Union Public Service Commission & Ors, we issue an ad interim direction to the Uttarakhand Public Service Commission which is in-charge of conducting the examination to ensure that a scribe is provided to the petitioner for the ensuing examination."

Advocate-on-Record Namit Saxena appeared for the petitioner.

Case Title: Dhananjay Kumar v. Uttarakhand Public Service Commission & Anr | WP (C) Diary No(s). 17988/2023

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