Court: Chief Commissioner for Persons with Disabilities
Date of Judgement: 03 July 2023
In a significant ruling, the Court of Chief Commissioner for Persons with Disabilities (CCPD) addressed the case of a complainant with substantial hearing and visual disabilities seeking accommodation during the Institute of Banking and Personnel Services (IBPS) examination. The complainant, facing 93% hearing impairment and 75% visual impairment, requested the use of a digital magnifier to participate in the examination, crucial for reading questions displayed on a computer screen and subsequently recording answers on paper with the aid of a scribe.
IBPS, however, denied the use of the digital magnifier citing concerns over potential unfair advantages due to its photo capture and storage capabilities.
Legal Framework and Decision:
Under the Rights of Persons with Disabilities Act, 2016, the CCPD emphasized the obligation of the government to provide "reasonable accommodation" to persons with disabilities. The Commissioner underscored that such accommodation is not discretionary but a mandated protection against discrimination. The refusal to accommodate the complainant’s request was deemed discriminatory under this provision.
Commissioner’s Recommendation:
In response to the case, the CCPD directed IBPS to either vet the complainant's digital magnifier prior to the examination or alternatively provide an appropriate device themselves. This decision underscores the importance of accommodating technological aids that enable persons with disabilities to participate fully and fairly in competitive examinations.
This ruling sets a precedent for ensuring equitable access and opportunity for persons with disabilities in public examinations, reinforcing the principles of inclusivity and non-discrimination as enshrined in Indian disability rights law particularly teh concept of 'reasonable accommodation'.