State must ensure digital platforms are accessible to persons with disabilities: Kerala High Court

The Kerala High Court recently emphasised that State authorities have a duty to ensure that persons with disabilities have access to digital platforms, and not just physical spaces [The Kerala Public Service Commission & anr v Sabeena KS & anr].

A Bench of Justices A Muhamed Mustaque and PM Manoj emphasised that the right to equality included the need to reasonably accommodate persons with disabilities and give special considerations for such marginalised groups to address their unique challenges.

Such reasonable accommodation was essential to integrate individuals with disabilities into the social framework, the Court observed. Societal structures should adapt to accommodate their differences rather than force them to conform to norms created for the physically-abled, the Court said.

"The duty of the State extends beyond merely providing access to public buildings and services; it must also ensure that digital platforms are accessible to everyone, including persons with disabilities," the Court added.

The Court made the observation in a case where in noticed that the online process introduced by the Kerala Public Service Commission (PSC) for job applications did not provide adequate support for visually challenged candidates.

This made it difficult for differently abled candidates to complete and submit their applications.

This failure to account for the unique needs of persons with disabilities effectively excluded them from competing on equal footing with other candidates, the Court noted.

The Court went on to observe that the PSC, being a constitutional body, has a duty to ensure that all prospective candidates could apply without facing any obstacles.

It, therefore, urged the State and the PSC to set up service centres aimed at assisting persons with disabilities, including those with visual impairments.

"It is the duty of the PSC and the State to provide measures to allow visually challenged to submit applications online without barriers. The State or PSC are bound to establish service centers providing services to persons with disabilities including the visually challenged. We hope the State and the PSC will do the best for them," the October 21 order said.

The Court passed the ruling in a case where an application filed by a woman with 100 per cent visual disability for a teaching post advertised by the PSC was rejected as she failed to upload her Kerala Teacher Eligibility Test (KTET) certificate within the prescribed deadline.

The candidate challenged the rejection of her candidature before the Kerala Administrative Tribunal (KAT), which took a compassionate view and ordered the PSC to participate in the selection process.

This was challenged by the Kerala PSC before the High Court.

The PSC's counsel argued that no laws were violated in the rejection of the candidate's application.

The candidate's counsel countered that the unique challenges posed by her on account of her visual disability warranted special consideration, rather than a strict application of the PSC's online application rules.

The Court agreed with the candidate's arguments. It noted that forcing visually impaired individuals to rely on third parties diminished their autonomy and independence, creating an extra layer of difficulty that sighted candidates did not encounter.

The Court pointed out that that the lack of consideration for the requirements of visually impaired individuals in the digital application process effectively marginalised them in comparison to their peers.

"Can the PSC treat visually challenged candidates the same as those who are visually abled under the same application rules?" the Court asked.

The Court also stressed on the need for the current system to adequately support visually challenged applicants in submitting online applications, in line with constitutional principles and reasonable accommodation principles ingrained in the Rights of Persons with Disabilities Act, 2016.

It proceeded to dismiss the PSC's plea with the hope that the State authorities will take measures to do what's best for candidates with disabilities as well.

Advocate PC Sasidharan appeared for the Kerala Public Service Commission. Advocates Shaj appeared for the candidate. Senior government pleader Nisha Bose represented the State.

[Read Judgment]