Kerala High Court Directs Public Service Commission To Provide Accessible Exam Centres For Candidates With Disabilities

The Kerala High Court on Thursday (October 9) set aside a 2019 order of the National Human Rights Commission (NHRC) that had recommended the Kerala Public Service Commission (KPSC) to pay an amount of ₹1,000 each to 290 physically challenged candidates.

The KPSC challenged this order of the NHRC, which had taken suo motu cognizance based on a Malayalam newspaper report dated 08.08.2014. The report had highlighted the issues faced by candidates with locomotor disabilities in reaching the second floor of an exam hall to attend a Special Recruitment Test conducted by the KPSC for physically challenged candidates.

The Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji accepted the contention of the KPSC that the NHRC order was a blanket direction, made without considering the nature or degree of disability of each candidate. It also opined that the order is difficult to implement since none of the beneficiaries of the order were made parties before the NHRC or the High Court.

Even though the Court felt it fit to quash the NHRC order, it did not think that the matter should be closed with this direction alone. It opined that the issue of disability-friendly examination halls needed serious consideration.

Referring to the duty of Public Service Commissions, the Court observed:

"The primary duty of the Public Service Commissions, as provided under Article 320 of the Constitution of India, is to conduct examinations for appointments to the services of the Union and the States, as the case may be. While discharging this duty, the Commissions have to remain conscious of the constitutional guarantees in Part III and the Directive Principles of State Policy in Part IV of the Constitution. When selecting venues for examinations meant for physically challenged candidates, the KPSC has to ensure that the chosen institutions have facilities suitable for their needs."

It also held that violation of the principles of equality, accessibility, non-discrimination enshrined in the Rights of Persons with Disabilities Act, 2016 amounts to a human right violation in accordance with the Protection of Human Rights Act, 1993.

Referring to the landmark decisions of the Supreme Court in Ravinder Kumar Dhariwal and Another v. Union of India and Others, Justice Sunanda Bhandare Foundation v. Union of India and Another [(2014) 14 SCC 383] and, the Bombay High Court in Mrs. Shanta Digambar Sonawane v. Union of India and Another, the Court remarked that a public body like the KPSC must go one step further to give additional support to persons with disabilities to mitigate the impact of the disabilities.

It took into record the KPSC's Circular No. 33/2022 and the affidavit signed by its Secretary assuring accessibility to persons with locomotor disability and further observed:

"We reiterate and direct that the Petitioner – Kerala Public Service Commission (KPSC) shall strictly comply with Circular No. 33/2022. In particular, based on the number of differently-abled candidates who have applied for a post, the KPSC shall ensure that the maximum number of examination centres are made available within the candidates' taluk or in the nearest online examination centres."

No elevator in exam centres

In circumstances where there are no elevators in the exam centres, the KPSC is to make immediate arrangements to accommodate candidates with disabilities on the ground floor. Moreover, there should be ramp facilities arranged, the Court added.

Invigilators/Supervisors to ensure compliance

The Court observed, "Written instructions shall be issued to all Chief Superintendents and Assistant Superintendents regarding the implementation of these facilities for differently-abled candidates. The Additional Chief Superintendents and other officers deputed by the KPSC shall verify whether these instructions are properly implemented at the examination centres."

Contact of KPSC officers to be prominently displayed

The Court further added that the contact number of the KPSC officers concerned are to displayed in a prominent manner at all examination centres so that candidates with accessibility barriers can ask for support.

"This measure is essential, considering the time-bound nature of examinations,"it remarked.

With these directions, the Court disposed of the writ petition.

Case No: WP(C) No. 11345 of 2019

Case Title: Kerala Public Service Commission v. The National Human Rights Commission and Anr.

Citation: 2025 LiveLaw (Ker) 635

Counsel for the petitioner: P.C. Sasidharan - SC - KPSC

Counsel for the respondents: Arjun Raghavan - R1, Hari Rao - Senior Panel Counsel - R2

Amicus Curiae: T.V. Vinu

Click to Read/Download Judgment