VIKASH KUMAR Vs. UNION PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Factual background

(2.) Down to its bare bones, this appeal turns upon the interface of the Civil Services Examination Rules 2018[2] dated 7 February 2018 with the Rights of Persons with Disabilities Act, 2016[3].

(3.) The appellant has a disability in the form of dysgraphia, commonly known as a Writer's Cramp. In August 2016, he graduated with an MBBS degree from the Jawaharlal Nehru Institute of Post Graduate Medical Instruction and Research, popularly known by the acronym JIPMER. Intending to pursue a career in the civil services, he appeared in 2017 for the CSE. A scribe was provided to him by the Union Public Services Commission[4] to enable him to appear in the written test. In the online application form for CSE 2017, the appellant declared himself to be a person with locomotor disability to avail the services of a scribe. On 7 February 2018, UPSC issued a notification for the CSE 2018[5]. The Department of Personnel and Training[6] issued the CSE Rules 2018 providing for the manner and conduct of the examination. The general instructions provided that all candidates must write their papers in their own hand and will not be allowed the help of a scribe. Exceptions to this rule were provided for blind candidates; candidates with locomotor disability and cerebral palsy where the "dominant (writing) is affected to the extent of slowing the performance of function (minimum of 40% impairment)". Candidates within the exception were allowed the help of a scribe. An additional 'compensatory time' of twenty minutes per hour was also to be granted to such candidates.