GULSHAN KUMAR versus INSTITUTE OF BANKING PERSONNEL SELECTION & ORS.

Citation: [2025] 2 S.C.R. 313 · Decided: 02-02-2025 · Supreme Court of India · Bench: J.B. PARDIWALA · Disposal: Disposed off
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Judgment (excerpt)

[2025] 2 S.C.R. 313 : 2025 INSC 142
Gulshan Kumar 
v. 
Institute of Banking Personnel Selection & Ors.
(Writ Petition (Civil) No. 1018 of 2022 ) 
03 February 2025
[J.B. Pardiwala and R. Mahadevan,* JJ.]
Issue for Consideration
Matter pertains to extending the benefits for Persons with Benchmark 
Disabilities-PwBD candidates to all persons with disabilities-PwD 
candidates in writing their examinations.
Headnotes†
Rights of Persons with Disabilities Act, 2016 – Rights of 
persons with disabilities – Persons with disabilities-PwD and 
Persons with Benchmark Disabilities-PwBD – Discrimination – 
Petitioner, diagnosed with Focal Hand Dystonia, type of 
Writer’s Cramp, classified as chronic neurological condition, 
and assessed with 25% permanent disability – He applied 
for various examinations conducted by different recruitment 
bodies, however, not provided with any facilities available to 
PwD, such facilities restricted only to the PwBD – Writ petition 
by the petitioner seeking directions to respondents to provide 
the petitioner with the facility of a scribe, compensatory time 
and all other facilities, considering his disability status for 
examinations – Clarification by the court that respondent 
No.2-State Bank of India not to insist on the requirement of 
a benchmark disability for the facility of a scribe – Pursuant 
thereto, the petitioner provided with a scribe and compensatory 
time during the examinations – Case of the petitioner that 
though the Office Memorandum dt 10.08.2022 came to be 
issued by Union of India in accordance with the directions of 
this Court in Vikas Kumar’s case, it failed to incorporate the 
essence of reasonable accommodation, the true meaning and 
purpose of the Act, all benefits relating to PwBD candidates, 
not extended to PwD candidates, only selective facilities were 
extended, as such contains defects:
Held: Principle of reasonable accommodation is central to ensure 
equality for all the persons with disabilities; and denying the 
* Author
314
[2025] 2 S.C.R.
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facility of scribe or compensatory time, constitutes discrimination 
under the Act – Artificial distinction and bifurcation drawn between 
PwD and PwBD disabilities (40% disabled or more) is sought 
to be diminished by extending various rights to candidates with 
disabilities that were earlier limited only to those with benchmark 
disabilities – Examination bodies are stressed upon to implement 
accessibility measures, to prevent discrimination and provide 
equal opportunities for the persons with disabilities – Rights of 
disabled persons are less instructive and more general and that, 
right to education, right to equality, and right against discrimination 
accorded to them will only be truly realized, when State structures 
form policies, laws, and rules to provide equal access and 
reasonable accommodation to such persons – All the benefits given 
to PwBD candidates must also be extended to PwD candidates, 
and there can be no discrimination between the candidates in 
granting facilities such as scribes, compensatory time except for 
reservation, in writing the examinations – Certain defects and 
lacunas in the guidelines issued by respondent No. 5, as well as in 
the implementation of this Court’s directions, resulting in different 
authorities following disparate procedures – Thus, urgent need 
for uniform memorandum for examinations applicable to all PwD 
candidates, and responsibility of respondent no. 5 to ensure its 
proper and just compliance – Guidelines issued by respondent 
no.5 pursuant to the directions of this Court, to be enforced, by 
extending the benefits for PwBD candidates to all PwD candidates 
in writing their examinations – Direction to respondent no.5 to 
revisit the guidelines, remove the restrictions and grant relaxations 
in a reasonable manner and re-notify the same – Constitution of 
India – Art.32. [Paras 10, 12, 13, 15, 17, 19]
Rights of Persons with Disabilities Act, 2016 – Persons with 
disabilities – Guidelines by the nodal agency-Government 
of India pursuant to the directions of this Court in Vikas 
Kumar’s case – Enforcement – Benefits extended for PwBD 
candidates to be extended to all PwD candidates in writing 
their examinations – Directions to Government of India to 
revisit the Office Memorandum dated 10.08.2022, remove the 
restrictions, grant relaxations in a reasonable manner and 
re-notify the same:
Held: Directions to all authorities to unif
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