Does the Supreme Court Mandate Flexible Scribe Provisions and Screen-Reader Facilities in UPSC Civil Services Examinations to Realize Substantive Equality under Articles 14, 16 and 21?

 

Summary

Category Data
Court Supreme Court of India
Case Number W.P.(C) No.-000206-000206 – 2025
Diary Number 8097/2025
Judge Name HON’BLE MR. JUSTICE VIKRAM NATH
Bench HON’BLE MR. JUSTICE VIKRAM NATH and HON’BLE MR. JUSTICE SANDEEP MEHTA
Precedent Value Binding Authority
Overrules / Affirms Affirms and gives effect to equality, non-discrimination, and accessibility obligations under Articles 14, 16, 21 of the Constitution and the Rights of Persons with Disabilities Act, 2016
Type of Law Constitutional Law; Administrative Law; Disability Rights; Public Employment Law
Questions of Law
  • Whether mandatory advance furnishing of scribe details in UPSC CSE applications is arbitrary and violative of Articles 14, 16, 21 and the RPwD Act, 2016?
  • Whether UPSC must permit change of scribe at a reasonable time closer to the exam date and dispose of such requests by reasoned order within a short timeframe?
  • Whether UPSC is obliged to provide laptops with screen-reader software and accessible digital question papers for visually impaired candidates?
Ratio Decidendi The Supreme Court held that substantive equality for persons with disabilities requires that UPSC remove arbitrary barriers—such as rigid timelines for scribe details—and must permit eligible candidates to change their scribes up to at least seven days before the exam, with each request decided by a reasoned order within three working days. The Court further recognized UPSC’s in-principle decision to introduce screen-reader software and digital question papers, but directed a clear roadmap, timeline and inter-agency coordination to operationalize those facilities in future examination cycles, ensuring compliance with Articles 14 and 21 of the Constitution and the RPwD Act, 2016.
Logic / Jurisprudence / Authorities Relied Upon by the Court
  • Constitutional mandate of substantive equality and inclusion under Articles 14, 16, and 21.
  • Rights of Persons with Disabilities Act, 2016 and related government instructions under CSE Rules, 2025.
  • UPSC’s constitutional role to ensure fairness, transparency, and accessibility in public examinations.
Facts as Summarised by the Court

The petition by Mission Accessibility challenged UPSC’s requirement to furnish scribe details at application stage and sought permission for laptops with screen-reader software and accessible digital question papers. UPSC initially allowed change‐of-scribe requests till 18 May 2025 and undertook to decide them within three working days but was silent on screen‐reader facilities. In September 2025 it gave an in-principle commitment to introduce screen-reader software, subject to infrastructure readiness, leading to directions for a clear implementation roadmap.

Practical Impact

Category Impact
Binding On Union Public Service Commission, Department of Personnel and Training, Ministry of Social Justice and Empowerment, and all examination authorities under UPSC aegis

What’s New / What Lawyers Should Note

  • The Court mandates that UPSC allow eligible candidates to request a change of scribe up to at least seven days before the exam.
  • Each change-of-scribe application must be decided by a reasoned order within three working days of receipt.
  • UPSC’s in-principle decision to introduce screen-reader software and accessible digital question papers must be backed by a concrete roadmap, timeline and compliance affidavit within two months.
  • Inter-agency coordination (UPSC with DEPwD, NIEPVD, DoPT, State Governments) is required to standardize technical specifications, operational protocols, and security safeguards before implementation.
  • Failure to operationalize the facilities by the next examination cycle may attract supervisory directions for enforcement of Articles 14 and 21 and the RPwD Act, 2016.

Summary of Legal Reasoning

  1. Constitutional Mandate

    • Emphasis on substantive equality, non-discrimination, and dignified participation of persons with disabilities under Articles 14, 16 and 21.
  2. RPwD Act and CSE Rules, 2025

    • Rights conferred by the RPwD Act, 2016 read with CSE Rules, 2025 require reasonable accommodations in public recruitment exams.
  3. Scribe Timelines

    • Rigid requirement to furnish scribe details at application stage held arbitrary; flexibility up to seven days before the exam ensures meaningful access.
  4. Decision-Making Procedure

    • Objective consideration of scribe-change requests by reasoned order within three working days prevents unnecessary uncertainty.
  5. Screen-Reader Facility

    • In-principle acceptance of screen-reader software as a policy measure; infrastructure and logistical readiness remain prerequisites.
  6. Directions for Implementation

    • Detailed roadmap, technical standardization, inter-agency coordination, compliance affidavit, and maintenance of exam integrity mandated to translate policy into practice.

Arguments by the Parties

Petitioner (Mission Accessibility)

  • Mandatory advance furnishing of scribe details is arbitrary, unreasonable, and violates Articles 14, 16, 21 and the RPwD Act, 2016.
  • Visually impaired candidates should be permitted to change scribe details closer to the exam date and use laptops with screen-reader software.
  • Accessible digital question papers must be provided to eligible candidates.

Respondent No. 2 (UPSC)

  • Initial timeline for scribe-change requests (till 18 May 2025) and decision within three working days was offered; silent on screen-reader facility.
  • Logistical constraints precluded immediate implementation of screen-reader software; in-principle commitment made subject to infrastructure readiness and feasibility.
  • Offered to file a compliance affidavit detailing roadmap, timelines, infrastructure requirements and coordination efforts.

Factual Background

Mission Accessibility challenged UPSC’s Civil Services Examination Rules, 2025 for: (a) requiring candidates to furnish scribe details at application stage; (b) restricting scribe-change requests; and (c) failing to provide laptops with screen-reader software and accessible digital question papers. UPSC initially permitted scribe-change requests till 18 May 2025 with objective consideration but withheld on screen-reader facilities. On 12 September 2025, UPSC filed an additional affidavit resolving to introduce screen-reader software in principle but sought time to develop requisite infrastructure, prompting Supreme Court directions for a clear implementation plan.

Statutory Analysis

  • Articles 14, 16 and 21 of the Constitution guarantee equality, nondiscrimination and dignity.
  • Rights of Persons with Disabilities Act, 2016 mandates reasonable accommodations in public examinations.
  • Civil Services Examination Rules, 2025 incorporate instructions on scribe facilities for PwBD/PwD candidates but lacked flexibility and clarity.
  • Supreme Court read down procedural rigidity to align CSE Rules with constitutional and statutory disability rights obligations.

Procedural Innovations

  • Introduction of a uniform deadline of at least seven days before exam for scribe-change requests.
  • Mandatory reasoned orders on scribe-change applications within three working days.
  • Requirement for UPSC to file a two-month compliance affidavit detailing the roadmap, timeline, testing and standardization of screen-reader software and digital question-paper facilities.
  • Directed inter-agency coordination protocols among UPSC, DEPwD, NIEPVD, DoPT, MSJE and State Governments to ensure uniform standards and secure implementation.

Alert Indicators

  • ✔ Precedent Followed – Affirmation of existing constitutional and statutory principles on disability rights and reasonable accommodations.
  • 📅 Time-Sensitive – Strict timelines set for scribe-change requests and compliance affidavit on screen-reader implementation.
  • 🔄 Conflicting Decisions – Addresses and resolves logistical and procedural ambiguities in the UPSC’s initial implementation of CSE Rules, 2025.

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