Scribe Facility for Benchmark Disability Requires Certificated Inability to Write.

The applicant, Sneh Lata, sought permission to use a scribe for an upcoming selection test for the post of Special Educator under the Directorate of Education, GNCTD (post code 42/2025, Advt. No. 02/2025).

During the hearing on March 11, 2026, the respondents indicated no objection to providing a scribe, provided the applicant fulfilled the conditions of the Office Memorandum dated August 29, 2018.

The respondents clarified that a scribe is allowed for individuals with benchmark disabilities, as defined under Section 2(r) of the Rights of Persons with Disabilities (RPwD) Act, 2016, who have limitations in writing, or for specific categories like blindness, locomotor disability (both arms affected), and cerebral palsy if desired.

For other benchmark disabilities, a certificate from a Chief Medical Officer/Civil Surgeon/Medical Superintendent of a government health care institution, attesting to physical limitations in writing and the necessity of a scribe, is required.

The applicant's counsel referenced a precedent where a scribe was provided to an individual with 60% Locomotor Disability (PPPRP Left Lower Limb) who had submitted a valid disability certificate.

Whether the applicant is entitled to the facility of a scribe for the selection test qua post code 42/2025.

Whether the provision of a scribe is contingent upon the applicant fulfilling the stipulations outlined in the Office Memorandum dated August 29, 2018.

The court primarily applied the Office Memorandum dated August 29, 2018, which sets forth the conditions for providing scribes in examinations.

It also referenced Section 2(r) of the Rights of Persons with Disabilities (RPwD) Act, 2016, which defines "benchmark disability" and is relevant to determining eligibility for a scribe.

The court considered the requirement of a certificate from a Chief Medical Officer/Civil Surgeon/Medical Superintendent of a Government health care institution for persons with certain benchmark disabilities to confirm physical limitation in writing.

The court analyzed the case within the framework of the Office Memorandum dated August 29, 2018, which the respondents explicitly stated they would adhere to for providing a scribe.

The court noted that the respondents had no objection to providing a scribe, provided the applicant complied with the stipulated conditions.

Specifically, the court emphasized the requirement for the applicant to produce a certificate from a competent government medical authority (Chief Medical Officer/Civil Surgeon/Medical Superintendent) confirming that, despite having a benchmark disability of 40% or more, the applicant has a physical limitation in writing.

The court also highlighted the necessity for the applicant to furnish an undertaking from the scribe in the prescribed format.

The precedent cited by the applicant's counsel, which involved granting a scribe based on a valid disability certificate showing 60% Locomotor Disability, was acknowledged but did not override the general conditions set forth in the Office Memorandum for all benchmark disabilities.

The court's decision hinged on the applicant's compliance with these administrative guidelines.

This compliance specifically requires the applicant to produce a certificate from a Chief Medical Officer/Civil Surgeon/Medical Superintendent of a Government Hospital, certifying that despite a benchmark disability of 40% or more, she is unable to write, and to furnish an undertaking from the scribe in the prescribed format.

The court issued no costs and declared all pending MAs, if any, disposed of.