Mission Accessibility vs Union Of India
- Neutral2025 INSC 1376
- SCR[2025] 12 SCR 443
Ratio decidendi
The rule this decision rests on
1. Substantive equality for persons with disabilities in the context of public examinations requires the removal of practical barriers to access, not merely formal compliance with rules. The constitutional guarantee of equality under Article 14, read with Article 21 and the Rights of Persons with Disabilities Act, 2016, demands that examination bodies translate accessibility policies from paper into operational reality through concrete planning, infrastructure development, and phased implementation. 2. A candidate with disability who is entitled to a scribe under the applicable examination rules has a right to request a change of scribe, and such request must be entertained up to at least seven days before the examination date. All such requests shall be objectively considered and decided by a reasoned order within three working days of receipt, rather than only at the time of initial application. 3. An examination authority's in-principle commitment to introduce assistive technologies such as screen reader software must be accompanied by a detailed implementation roadmap including timelines, testing protocols, standardisation procedures, and infrastructure specifications to ensure that the commitment is effectuated within a stipulated period rather than remaining indefinite. 4. Examination authorities dependent on external infrastructure and manpower must actively coordinate with relevant government departments and specialized institutions to formulate uniform guidelines and protocols for the deployment of assistive technologies, ensuring standardisation and security of the examination process across examination centres.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION
WRIT PETITION (C) NO(S). 206 OF 2025
MISSION ACCESSIBILITY ….PETITIONER(S)
VERSUS
UNION OF INDIA & ORS. ….RESPONDENT(S)
JUDGMENT
Mehta, J.
1. The measure of a just and inclusive society lies
not merely in the freedoms it proclaims, but in the
opportunities, it ensures for all its citizens to realize
their fullest potential. Equality, in its truest sense,
demands not uniformity but the removal of barriers
that prevent individuals from standing on equal
footing. The Constitution of India envisions a
Republic where every person, regardless of physical Signature Not Verified Digitally signed by SONIA BHASIN Date: 2025.12.03 16:56:02 IST Reason: 1 or sensory limitation, can participate with dignity in
the nation’s collective journey. The law, as an
instrument of justice, must therefore move beyond
formal equality to ensure substantive inclusion,
transforming rights from written promises into lived
realities. It is in this spirit that the present writ
petition comes before this Court, seeking not
privilege, but parity; not indulgence, but the rightful
fulfilment of the constitutional vision of equal
opportunity for all.
2. The instant writ petition has been instituted by
Mission Accessibility1, an organisation engaged in the
advancement of the rights of persons with
disabilities, for enforcing the rights of persons with
disabilities to equal opportunity guaranteed to them
under the Constitution of India and the Rights of
Persons with Disabilities Act, 2016. The directions
1 Hereinafter, beingreferred to as “petitioner”.
2 WRIT PETITION (C) NO(S). 206 OF 2025 sought by way of this writ petition include, inter alia,
the modification of the timeline for scribe registration
in the Civil Services Examination conducted by
Union Public Service Commission2 and for permitting
the use of laptops equipped with Screen Reader
Software along with accessible digital question
papers for eligible candidates. For the sake of ready
reference, the reliefs sought in the writ petition are
reproduced hereinbelow: -
“In light of the facts and submissions stated hereinabove, the Petitioner humbly prays that this Hon’ble Court may graciously be pleased to issue a writ of mandamus or any other appropriate writ, order, or direction in the following terms:
A. Declare and hold that the Impugned Requirement is arbitrary, unreasonable, and violative of Articles 14, 16 and 21 of the Constitution of India, as well as the Rights of Persons with Disabilities Act, 2016. B. Direct the Respondent No. 2 to remove the mandatory requirement of furnishing scribe details at the time of application submission and instead permit visually impaired candidates to provide such details at a reasonable time closer to the examination date.
C. Direct the Respondent No. 2 to modify the application process for the Civil Services Examination, 2025, which allows candidates with disabilities to modify their scribe details at any time
2 Hereinafter, referred to as “respondent No. 2-UPSC”.
3 WRIT PETITION (C) NO(S). 206 OF 2025 before any given stage of the Civil Services Examination.
D. Direct the Respondent No. 2 to allow the use of laptops with screen readers for visually impaired candidates at all stages of the Civil Services Examination.
E. Direct the Respondent No. 2 to provide question papers in accessible digital formats for candidates with disabilities opting for the same. F. Pass any other order/direction as may be deemed just and proper in the interests of justice, equity and good conscience.”
3. This Court vide order dated 6th May, 2025
allowed the impleadment of Department of Personnel
and Training (DoPT) as respondent No. 3 and directed
the counsel representing respondent No. 2-UPSC to
have a dialogue with counsel representing
respondent No. 3-DoPT regarding the apprehensions
and concerns of the candidates appearing in Civil
Services Examination. Learned counsel representing
respondent No. 2-UPSC was also directed to file an
appropriate affidavit of the competent officer with
respect to the change of scribe. The said order is
extracted hereinbelow: -
4
WRIT PETITION (C) NO(S). 206 OF 2025 “Application (I.A. No.95839 of 2025) seeking impleadment of Department of Personnel and Training (DoPT) as respondent no.3 is allowed. Issue notice.
Ms. Archana Pathak Dave, learned Additional Solicitor General, is requested to also appear on behalf of the DoPT and obtain necessary instructions in light of the deliberations that have taken place in Court today.
Mr. Hrishikesh Baruah, learned counsel appearing for the Union Public Service Commission (UPSC), shall obtain further instructions and have a dialogue with Ms. Archana Pathak Dave, learned ASG, regrading apprehensions and concerns of the candidates.
Mr. Baruah shall also file an appropriate affidavit of the competent officer from the UPSC with respect to the change of scribe, to be permitted within one week.
List the matter on 9th May, 2025.”
4. In compliance of the aforesaid order,
respondent No. 2-UPSC filed an affidavit stating that
it has till now received requests from approximately
27 candidates being Persons with Benchmark
Disability/Persons with Disability (PwBD/PwD) for
change of their scribe details. Respondent No. 2-
UPSC assured that it will examine each and every
such request on merit and revert to the candidates.
It was further stated that a press note with the said
5 WRIT PETITION (C) NO(S). 206 OF 2025 details has been uploaded on its website after due
approval emphasizing that respondent No. 2-UPSC
will consider each request for change of scribe
received from PwBD/PwD candidates till 18th May,
2025 (04:00 PM) on merit basis. A copy of the press
note was annexed with the affidavit. However, the
affidavit was completely silent in respect of the issue
of providing the screen reader facility to such
candidates.
5. On 9th May, 2025, when the matter came up for
hearing, this Court perused the aforesaid affidavit
filed by respondent No. 2-UPSC and heard
submissions advanced by the parties. This Court
directed that all requests for change of scribe by
eligible candidates under the CSE Rules, 2025 shall
be entertained by respondent No. 2-UPSC till 18th
May, 2025, and each such prayer shall be objectively
considered and decided by a reasoned order within
6 WRIT PETITION (C) NO(S). 206 OF 2025 three working days from its receipt. Respondent No.
2-UPSC was further directed to file a specific affidavit
clarifying its position on the use of computers with
screen readers by PwBD/PwD candidates in the
forthcoming preliminary examination. For ready
reference, the relevant extract of the said order is
reproduced hereinbelow: -
“6. Ms. Dave, learned ASG appearing on behalf of Union of India submitted that under the general instructions for preliminary and main examinations contained in the Civil Services Examinations Rules, 2025 (for short ‘CSE Rules, 2025’), certain categories of PwD candidates has been given permission to avail the facility of scribe. The candidates have the discretion of opting their own scribe or request the Commission for the same. The details of the scribe in case the candidates are bringing their own scribe or availing the same through the Commission, will be sought at the time of filling up of the online application form.
7. Regarding the issue of use of laptops with screen readers for visually impaired candidates, Ms. Dave has submitted that the same could be examined and a suitable decision can be taken by the Commission in consultation with the Department for PwD in light of the extant instructions issued by the Government of India on the subject. Any decision taken in the matter would not require an amendment to the CSE Rules, 2025.
8. Shri Bajaj has raised certain concerns about the criterion for the change of scribe as set out in the
7 WRIT PETITION (C) NO(S). 206 OF 2025 affidavit on behalf of the Commission which are enumerated hereinbelow: -
“Prescription of a timeline within which such requests must be disposed of. It is submitted that candidates will need to make suitable arrangements based on whether their request is allowed or disallowed. For instance, if the Commission disallows a candidate's request for change of own scribe, the said candidate will have to take steps to request the Commission for a scribe or try and persuade the previously opted for scribe to remain available on the exam date. Therefore, clarity and finality on this front is important. This Hon'ble Court may be pleased to direct that all such requests will be disposed of within a period of 3 working days. No clarity is given on the grounds on which such requests will be allowed or disallowed, thereby leaving the candidates in the dark. It is therefore prayed that requests for change of scribe should be allowed: [i] due to personal unavailability of the scribe; [ii] due to medical emergencies; or [ii] if the candidate wishes to opt for own scribe rather than the Commission's scribe. In no other circumstance should such requests be allowed.
Required documentary evidence: as of now, the public notice is silent on the supporting document that needs to be submitted along with the request for change of scribe. It would be helpful if the said requirement is clearly spelt out, to avoid needless back and forth. E.g. any evidence of the scribe's medical unfitness, when that is the ground on which change is being sought, could be asked for along with a detailing documents required for the induction of the new scribe.”
9. In response, Shri Baruah, learned counsel appearing for the Commission submitted that the date, i.e., 18th May, 2025 as provided in the press note is the last date for submission of the
8 WRIT PETITION (C) NO(S). 206 OF 2025 applications for request of change of own scribe. He assured that such requests, if received within the stipulated time, would be disposed of within a period of three working days.
10. Regarding the issue of screen readers, Shri Baruah submitted that the portrayal made by the writ petitioners that only two candidates in the blind/low vision category are aspiring to give the examination by screen reader, is not acceptable to the Commission because in case a decision is taken accepting the proposal for providing screen reader facility to PwBD/PwD candidates, such option would have to be given to all eligible candidates and for the present, the Commission does not have the necessary logistical facilities for the forthcoming preliminary examination which is scheduled for 25th May, 2025. However, he has prayed for a short opportunity to file a specific affidavit on this aspect.
11. In view of the submissions noted above, we hereby provide that all the requests for change of scribe submitted by the concerned candidates who are entitled for a scribe in terms of the CSE Rules, 2025 shall be entertained till 18th May, 2025. The Commission shall immediately, upon receipt of such application, consider the same objectively and communicate the decision thereof by a reasoned order to the candidate/s concerned within a period of three working days from the date of receipt of the application/s.
12. The learned counsel for the Commission shall file a specific affidavit addressing the issue of the use of computers with screen readers by PwBD/PwD candidates in the forthcoming preliminary examination.
13. List the matter on 16th May, 2025.” [Emphasis supplied]
6. During the course of hearing on 31st October,
2025, the attention of this Court was drawn to the
9 WRIT PETITION (C) NO(S). 206 OF 2025 additional affidavit dated 12th September, 2025 filed
by respondent No. 2-UPSC. In the said affidavit,
respondent No. 2-UPSC stated that it has
comprehensively reviewed the entire issue and has,
in-principle, resolved to introduce the facility of
Screen Reader Software for visually impaired
candidates appearing in various examinations
conducted under its aegis. The affidavit further
recites that while the decision marks a significant
policy advancement towards ensuring accessibility
and inclusion, the necessary infrastructure for its
effective implementation is presently not in place. It
has been averred that respondent No. 2-UPSC does
not maintain its own examination infrastructure, and
is entirely dependent upon the infrastructure,
logistical support, and manpower of the State
Governments, District Authorities, Schools, and
Colleges which are entrusted with the conduct of its
10 WRIT PETITION (C) NO(S). 206 OF 2025 examinations. Respondent No. 2-UPSC has, however,
assured this Court that upon ensuring the feasibility,
readiness, and adequacy of the requisite
infrastructure and software, and after conducting
comprehensive testing to ensure the integrity and
security of the examination process, it shall extend
the facility of Screen Reader Software to visually
impaired candidates in its examinations at the
earliest possible juncture.
7. The learned counsel appearing for the petitioner
submitted that the petitioner is satisfied with the in-
principle decision taken by respondent No. 2-UPSC
to introduce Screen Reader Software for the benefit of
candidates belonging to the Persons with Benchmark
Disabilities/Persons with Disabilities (PwBD/PwD)
category. However, it was contended that the said
decision, though commendable in intent, lacks a
concrete plan of implementation. Respondent No. 2-
11 WRIT PETITION (C) NO(S). 206 OF 2025 UPSC has not yet indicated any definitive roadmap,
operational framework, or timeline for equipping the
examination centres with the necessary technological
and infrastructural facilities required for full
implementation of its intent, thereby leaving the
matter in a state of uncertainty as regards its
execution.
8. In response, the learned counsel appearing for
respondent No. 2-UPSC submitted that the
Commission is presently in active consultation and
coordination with the State Authorities, the National
Institute for the Empowerment of Persons with Visual
Disabilities (NIEPVD), and the Department of
Empowerment of Persons with Disabilities, with a
view to finalising the technical standards, operational
modalities, and procedural safeguards necessary for
the introduction of Screen Reader Software and for
ensuring that question papers are made available in
12 WRIT PETITION (C) NO(S). 206 OF 2025 accessible digital formats for eligible candidates. It
was further submitted that respondent No. 2-UPSC
is fully conscious of the imperative to maintain the
sanctity, confidentiality, and security of the
examination process, and that all necessary
precautions are being taken to ensure that the
introduction of such assistive technology does not in
any manner compromise the integrity of the
examination system. The learned counsel concluded
by submitting that the facility of Screen Reader
Software shall be made operational and available to
eligible candidates from the next examination cycle,
after due testing and standardisation of the required
infrastructure.
9. Having heard the learned counsel for the parties
and upon perusal of the additional affidavit dated
12th September, 2025 as well as the other materials
placed on record by respondent No. 2-UPSC, this
13 WRIT PETITION (C) NO(S). 206 OF 2025 Court is of the considered view that a substantial part
of the grievances raised in the present writ petition
stand duly alleviated. Respondent No. 2-UPSC has
now taken a conscious progressive decision to extend
the facility of Screen Reader Software to visually
impaired candidates in various examinations to be
conducted by it, thereby recognising and advancing
the rights of candidates with disabilities to equal
opportunity and accessibility in public examinations.
10. However, it is equally evident that while the
policy decision has been taken, the mechanism and
modalities for its effective implementation remain to
be streamlined and operationalised. Respondent No.
2-UPSC’s dependence upon external infrastructure
and manpower, coupled with the absence of a clearly
delineated roadmap or timeline for establishing the
requisite technological framework across
examination centres, underscores the need for
14 WRIT PETITION (C) NO(S). 206 OF 2025 institutional coordination and phased execution.
This Court, therefore, finds it imperative that the
creases in the process for implementation be duly
ironed out through concrete planning, inter-agency
collaboration, and the establishment of uniform
standards, so as to ensure that the laudable objective
of accessibility does not remain confined to paper but
is translated into practical reality in forthcoming
examination cycles.
11. In view of the foregoing discussion and in order
to ensure that the decision taken by respondent No.
2-UPSC is effectively translated into action and the
rights of candidates belonging to the PwBD/PwD
category are fully safeguarded, the following
directions are issued to take the matter to its logical
conclusion: -
A. Respondent No. 2-UPSC shall ensure that in
every notification for the examinations
15 WRIT PETITION (C) NO(S). 206 OF 2025 conducted by it, a clear provision is
incorporated permitting candidates eligible
for a scribe to request a change of scribe up
to at least seven days prior to the date of the
examination, and such requests shall be
objectively considered and disposed of by a
reasoned order within three working days of
receipt of the application.
B. Respondent No. 2-UPSC shall file a
comprehensive compliance affidavit within a
period of two months from the date of this
order, clearly delineating the proposed plan
of action, timeline, and modalities for the
deployment and use of Screen Reader
Software for visually impaired candidates in
the examinations to be conducted by it. The
affidavit shall also specify the steps proposed
for testing, standardisation, and validation of
16 WRIT PETITION (C) NO(S). 206 OF 2025 the software and related infrastructure
across all or designated examination centres,
and shall further indicate the feasibility of
ensuring that the said facility is made
operational and available to all eligible
candidates from the next cycle of
examinations.
C. Respondent No. 2-UPSC shall, in
coordination with the Department of
Empowerment of Persons with Disabilities
(DEPwD) and the National Institute for the
Empowerment of Persons with Visual
Disabilities (NIEPVD), formulate uniform
guidelines and protocols for the use of
Screen Reader Software and other assistive
technologies to ensure standardisation,
accessibility, and security of the examination
17 WRIT PETITION (C) NO(S). 206 OF 2025 process across all or identified examination
centres, as deemed fit by it.
D. Respondent No. 1-Union of India, through
the Department of Personnel and Training
(DoPT) and the Ministry of Social Justice and
Empowerment, shall extend all necessary
administrative and technical support to
respondent No. 2-UPSC for the expeditious
implementation of the above measures and
shall facilitate coordination with State
Governments and examination authorities
wherever required.
E. It is further directed that the implementation
of these measures shall be undertaken in a
manner that ensures full accessibility to
eligible candidates while maintaining the
sanctity, confidentiality, and fairness of the
examination process.
18 WRIT PETITION (C) NO(S). 206 OF 2025
12. The aforesaid directions are being issued to
ensure that the constitutional mandate of equality,
non-discrimination, and the right to live with dignity
enshrined under Articles 14 and 21 of the
Constitution of India, read with the provisions of the
Rights of Persons with Disabilities Act, 2016, is
meaningfully implemented, and that the facilitative
measures envisaged by respondent No. 2-UPSC are
operationalised in both letter and spirit within the
stipulated timeframe.
13. Before parting, this Court deems it appropriate
to observe that the true measure of inclusivity in
governance lies not merely in the formulation of
progressive policies but in their faithful and effective
implementation. The rights guaranteed to persons
with disabilities are not acts of benevolence, but
expressions of the constitutional promise of equality,
dignity, and non-discrimination enshrined in Articles
19 WRIT PETITION (C) NO(S). 206 OF 2025 14, 19, and 21 of the Constitution of India. The Union
Public Service Commission, being the premier
constitutional body entrusted with upholding the
values of merit and fairness in public recruitment,
must ensure that its processes are accessible,
transparent, and sensitive to the needs of every
segment of society. It is therefore imperative that the
directions issued herein are carried out with utmost
earnestness, sensitivity, and expedition, so that the
constitutional vision of equal opportunity and
meaningful participation of persons with disabilities
is not reduced to a distant aspiration, but is realised
as a living, enforceable, and enduring reality in the
conduct of all public examinations in the country.
14. Accordingly, the present writ petition stands
disposed of, in terms of the observations and
directions hereinabove.
20 WRIT PETITION (C) NO(S). 206 OF 2025
15. Pending application(s), if any, shall stand
disposed of.
16. List again on 16th February, 2026 for receiving
the compliance affidavit of respondent No. 2-UPSC.
….……………………J. (VIKRAM NATH)
...…………………….J. (SANDEEP MEHTA) NEW DELHI;
DECEMBER 03, 2025.
21 WRIT PETITION (C) NO(S). 206 OF 2025
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