The Supreme Court has come to the rescue of a specially-abled lawyer and judicial services aspirant who was denied by the Uttarakhand Public Service Commission to use a scribe for the judicial services examination scheduled on April 30.
New Delhi, April 29,2023: The Supreme Court has come to the rescue of a specially-abled lawyer and judicial services aspirant who was denied by the Uttarakhand Public Service Commission to use a scribe for the judicial services examination scheduled on April 30.
The petitioner, Dhananjay Kumar suffers from “writer’s cramp (task specific dystonia, i.e., unable to write)” and is undergoing treatment at the Department of Neurology, All India Institute of Medical Science (AIIMS), New Delhi.
Kumar, as an aspirant for judicial services, filled the form for Uttarakhand Judicial Services Examination which is conducted by the Uttarakhand Public Service Commission. The examination is scheduled on April 30.
A bench comprising Chief Justice D.Y. Chandrachud and Justice P.S. Narasimha said: “Bearing in mind the principles which have been laid down in the decision of this court in Vikash Kumar Vs 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”.
The bench said, “This shall be without prejudice to the rights and conditions of the parties and subject to such further orders as may be passed by this court. Issue notice returnable on 12 May 2023. Liberty to serve the Standing Counsel for the State of Uttarakhand”.
The petition was mentioned in the morning before a bench headed by Chief Justice of India D. Y. Chandrachud on April 28, for urgent hearing. The top court listed the matter for hearing the same day.
Advocate Namit Saxena, representing Kumar, submitted a representation for the facility of a scribe to enable him to appear in the examination, however the Uttarakhand Public Service Commission through an email dated April 26, 2023 rejected the said request made by him.
After hearing Saxena, the top court issued notice in the matter and as an interim direction directed the Uttarakhand Public Service Commission to provide the petitioner with the facility of a scribe for the upcoming examination.
Kumar’s plea said: “The Petitioner is constrained to move this Hon’ble Court by way of the present writ petition on account of unfair, unreasonable and arbitrary decision of the respondents wherein and whereby the respondents denied the representation of the petitioner requesting a scribe to attempt and write the Uttarakhand Judicial Service Civil judge (Preliminary) Examination – 2023, which is directly violative of Articles 14, 19(1)(g) and 21 of the Indian Constitution and against the basis of the Rights of Persons with Disabilities Act”.
The plea said. “That 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 a” 2023, which is to be held on 30.04.2023, thereby directly snatching away his fundamental rights as guaranteed under the Indian Constitution”.
