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Supreme Court - Daily Orders

Gulshan Kumar vs Institute Of Banking Personnel ... on 15 December, 2022

Author: Pamidighantam Sri Narasimha

Bench: Pamidighantam Sri Narasimha

     WPC 1018/2022
                                           1


                                     R E V I S E D

     ITEM NO.41                    COURT NO.1                SECTION X

                         S U P R E M E C O U R T O F     I N D I A
                                 RECORD OF PROCEEDINGS

                          Writ Petition (Civil) No.1018/2022

     GULSHAN KUMAR                                             Petitioner(s)

                                          VERSUS

     INSTITUTE OF BANKING PERSONNEL SELECTION & ORS.           Respondent(s)

     (With IA No.175734/2022-EXEMPTION FROM FILING               O.T.    and   IA
     No.175740/2022-EXEMPTION FROM FILING AFFIDAVIT)


     Date : 15-12-2022 This petition was called on for hearing today.

     CORAM :
                         HON'BLE THE CHIEF JUSTICE
                         HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA


     For Petitioner(s)       Mr. Rushabh Saumen Vidyarthi, Adv.
                             Mr. Vikas Jain, AOR
                             Mr. Krupa Vyas, Adv.
                             Ms. Kashish Bijlani, Adv.
                             Mr. Shashvat A. Vidyarthi, Adv.
                             Mr. Pulkit Sharma, Adv.

     For Respondent(s)       Mr. Vaibhav Dang, Adv.
                             Mr. Amrendra Kumar Mehta, AOR

                             Mr. Sanjay Kapur, AOR
                             Ms. Megha Karnwal, Adv.
                             Mr. Arjun Bhatia, Adv.
                             Mr. Lalit Rajput, Adv.
                             Ms. Akshata Joshi, Adv.
Signature Not Verified
                             Mr. Surya Prakash, Adv.
Digitally signed by          Ms. Aastha Gumber, Adv.
CHETAN KUMAR
Date: 2022.12.16
17:39:36 IST
Reason:
WPC 1018/2022
                                            2



            UPON hearing the counsel the Court made the following
                                O R D E R

1 Mr Sanjay Kapur, counsel appearing on behalf of the State Bank of India (the second respondent) states that a communication has been addressed by the second respondent to the petitioner requiring the petitioner to produce necessary documents so as to allow him the facility of a scribe for the selection test.

2 We clarify that the second respondent shall not insist on the requirement of a bench mark disability within the meaning of the Rights of Persons with Disabilities Act 2016 for the facility of a scribe having due regard to the judgment of this Court in Vikas Kumar vs Union Public Service Commission and Others [(2021) 5 SCC 370].

3 Liberty to serve the Standing Counsel for the State of Bihar, who shall take instructions insofar as the fourth respondent is concerned.

4 List the Petition on 30 January 2023.

                (CHETAN KUMAR)                            (SAROJ KUMARI GAUR)
                 A.R.-cum-P.S.                            Assistant Registrar
WPC 1018/2022
                                    3


ITEM NO.41                 COURT NO.1                 SECTION X

                 S U P R E M E C O U R T O F     I N D I A
                         RECORD OF PROCEEDINGS

Writ Petition (Civil) No.1018/2022 GULSHAN KUMAR Petitioner(s) VERSUS INSTITUTE OF BANKING PERSONNEL SELECTION & ORS. Respondent(s) (With IA No.175734/2022-EXEMPTION FROM FILING O.T. and IA No.175740/2022-EXEMPTION FROM FILING AFFIDAVIT) Date : 15-12-2022 This petition was called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA For Petitioner(s) Mr. Vikas Jain, AOR For Respondent(s) Mr. Vaibhav Dang, Adv.
Mr. Amrendra Kumar Mehta, AOR Mr. Sanjay Kapur, AOR Ms. Megha Karnwal, Adv.
Mr. Arjun Bhatia, Adv.
Mr. Lalit Rajput, Adv.
Ms. Akshata Joshi, Adv.
Mr. Surya Prakash, Adv.
Ms. Aastha Gumber, Adv.
UPON hearing the counsel the Court made the following WPC 1018/2022 4 O R D E R 1 Mr Sanjay Kapur, counsel appearing on behalf of the State Bank of India (the second respondent) states that a communication has been addressed by the second respondent to the petitioner requiring the petitioner to produce necessary documents so as to allow him the facility of a scribe for the selection test.
2 We clarify that the second respondent shall not insist on the requirement of a bench mark disability within the meaning of the Rights of Persons with Disabilities Act 2016 for the facility of a scribe having due regard to the judgment of this Court in Vikas Kumar vs Union Public Service Commission and Others [(2021) 5 SCC 370].
3 List the Petition on 30 January 2023.
                (CHETAN KUMAR)                            (SAROJ KUMARI GAUR)
                 A.R.-cum-P.S.                            Assistant Registrar