PIL to ban coaching teachers, former aspirants as scribes in civil service exams: Delhi HC seeks UPSC response

The Delhi High Court today sought a response from the Union Public Service Commission (UPSC) and the Central government on a plea to bar coaching centre faculty and former UPSC aspirants from acting as scribes for civil service exams.

The plea questions the practice of permitting disability quota candidates taking the civil services exams to engage scribe services from persons who have previously appeared for the exam.

The Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia issued notice to UPSC and Union government's Department of Personnel and Training (DoPT) and the Department of Empowerment of Persons with Disabilities.

The public interest litigation (PIL) petition has been filed by the Deepstambh Foundation which specialises in providing coaching for civil service exams to all UPSC aspirants with disabilities.

Disability expert advocate Rahul Bajaj appeared before the Court on behalf of the petitioner in today's hearing.

”We have challenged the scribe qualification requirements of the UPSC on the ground that the scribe’s qualification cannot be more than the minimum qualification of the candidate, which is graduation," said Bajaj.

The petition states that, in line with the Rights of Persons with Disabilities Act, 2016 (RPwD Act) and the Central government’s guidelines, disability quota candidates are allowed to bring their own scribe to write the UPSC exam, provided that the scribe is one step below the candidate in terms of qualifications.

However, the government guidelines are being misused as the candidates are not bringing a neutral helper but persons who have knowledge and experience of the exam.

The petition states that “scribe services” are being provided by teachers employed in UPSC coaching institutes at Mukherjee Nagar, Old Rajinder Nagar of Delhi, and also by graduates who have taken the exam previously.

"This practice defeats the very purpose of a competitive examination meant to select the best on objective criteria...This not only prejudices thousands of non-disabled and PwBD candidates who prepare honestly without such support but also erodes public confidence in the Civil Services as a meritocratic institution," the plea states.

The petitioner has, therefore, urged the Court to issue directions so that disability candidates are not permitted to avail the services of a scribe who has already appeared in the UPSC exam.

The plea further calls for directions to bar the use of scribes who are engaged or affiliated with UPSC coaching centres, and to ensure that scribes engaged for the exam give an undertaking that they are not engaged or affilidated with such centres.

The next date of hearing is on September 16. 

The petition has been filed by advocates Rahul Bajaj and Amar Jain.