The Supreme Court has directed the Uttarakhand Public Service Commission to provide a scribe to an aspirant of the Uttarakhand Judicial Service Civil Judge (Preliminary) Examination who suffers from writer's cramp. The petitioner argued that this specific type of dystonia affects their fingers, hand, or forearm and that they had been previously allowed to use a scribe for the Haryana Civil Services (Judicial Branch) examination in 2020-2021. Despite having a medical certificate from the All India Institute of Medical Science recommending the use of a scribe or extra time, the Uttarakhand Public Service Commission had denied the petitioner's request. The examination was scheduled for 30th April 2023, and the petitioner deemed it necessary to have a scribe to complete the exam. A bench comprising CJI DY Chandrachud and Justice PS Narasimha issued the direction.
The petitioner in the Uttarakhand Judicial Service Civil Judge (Preliminary) Examination had their entire career placed in jeopardy due to the refusal of the Uttarakhand Public Service Commission to allow a scribe for the exam. The petitioner suffered from writer's cramp, a specific type of dystonia, which affected their hand, fingers, or forearm. This condition had been acknowledged by a medical certificate from the All India Institute of Medical Science, which recommended the use of a scribe or extra time. Despite this, the Commission denied the petitioner's request, leading to a violation of their fundamental rights as guaranteed by the Indian Constitution. The petitioner's case was taken up by the Supreme Court, which cited the precedent set in Vikash Kumar v. Union Public Service Commission & Ors and directed the Commission to provide a scribe for the petitioner for the upcoming examination. The order was an ad interim direction, and the Court stressed the need to ensure that the petitioner's rights were protected.
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TAGS: Uttarakhand Judicial Service Civil Judge writer's cramp scribe Supreme Court fundamental rights medical certificate Uttarakhand Public Service Commission Vikash Kumar v. Union Public Service Commission & Ors precedent ad interim direction.