RPSC stops disabled candidate from taking civil exam, slapped with Rs 5L fine

The case stemmed from Kuldeep Jaiman, a petitioner who is 100 percent blind, being denied entry to the RAS Recruitment Examination-2021 despite applying for it.
Image used for representational purpose only.
Image used for representational purpose only. (File Photo)

JAIPUR : In a significant ruling, the Rajasthan High Court has levied a fine of Rs 5 lakh on the Rajasthan Public Service Commission (RPSC) for its refusal to allow a visually impaired candidate to participate in the RAS Pre-2021 examination. The decision was handed down by Justice Sameer Jain, who accepted the petition filed by Kuldeep Jaiman, the petitioner. The court then directed the RPSC to ensure that the fine of Rs 5 lakh is paid to the victim within four weeks.

The High Court, in its judgment, criticised RPSC for creating unnecessary barriers for visually impaired candidates, preventing them from taking part in the examination. It deemed RPSC’s decision to bar the candidate from appearing in the examination as arbitrary and unwarranted.

The case stemmed from Kuldeep Jaiman, a petitioner who is 100 percent blind, being denied entry to the RAS Recruitment Examination-2021 despite applying for it. Jaiman’s lawyer, Shovit Jhajharia, highlighted that on October 27, 2021, when Jaiman arrived at the examination center in Alwar district with a writer (colleague), he was informed that he should have notified RPSC about the writer two days in advance, a requirement he was unaware of. Additionally, he was asked for a medical certificate regarding his blindness, which he did not possess at the time, resulting in his exclusion from the examination.

The High Court, in its ruling, clarified that RPSC’s directive for advance notice pertains only to candidates requiring a writer provided by RPSC, not those bringing their own writer, as indicated by the petitioner during the online form filling process. Thus, RPSC’s insistence on advance notice was deemed unnecessary.

Furthermore, the court denounced RPSC’s refusal based on the lack of a medical certificate, pointing out that RPSC had issued the admit card for the blind category to the candidate himself. The court emphasized that RPSC’s own regulations prohibited the carrying of any material other than the admit card, PAN, or passport-sized photo to the examination center.

While acknowledging that the selection process for RAS Recruitment Examination-2021 had concluded, rendering the petitioner’s request for inclusion in the examination moot, the court emphasised the mental anguish and harassment endured by the petitioner. Consequently, RPSC was directed to pay a fine within four weeks.

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