Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2016 Rights of Persons with Disabilities Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Issue for consideration:The issue specifically addressed by the petitioner relates tothe facilities for candidates who intend to avail of a scribe inthe Common Law Admission Test (CLAT) 2023.Rights of Persons with Disabilities Act, 2016 – Followingthe decision of the Supreme Court in Vikash KumarVs. Union Public Service Commission & Ors., by anOffice Memorandum dated 10.08.2022, guidelines havebeen formulated by the Ministry of Social Justice andEmpowerment:Held: Paragraph 4 of the Office Memorandum stipulates thatall recruitment agencies, academic/examination bodies underthe administrative control of each Ministry/Department may beadvised appropriately to ensure compliance of the guidelines – Inpursuance of the interim directions of the Court, the Consortiumof National Law Universities extended necessary facilities toPwD candidates in terms of the statement which was tenderedbefore the Supreme Court. [Paras 11, 12]Rights of Persons with Disabilities Act, 2016 – The CLATadvertisement was issued on 28.08.2022 and the registrationclosed on 18.11.2022 – The Consortium issued its setof guidelines on 24.11.2022 and the entrance test wasconducted on 18.12.2022 – Petitioner urged guidelines tobe issued together with the advertisement:Held: It was directed that in future, the guidelines which shallbe applicable for the facilities which should be extended to PwDcandidates are to be notified sufficiently in advance and, in anyevent, together with the advertisement by which the schedule forthe CLAT is placed in the public domain – This would ensure thatcandidates are not left in a state of uncertainty and know preciselythe nature of the facilities and reasonable accommodation whichhas been made available to them consistent with the provisions ofthe Rights of Persons with Disabilities Act, 2016. [Para 17]Rights of Persons with Disabilities Act, 2016 – Directionsissued to the Consortium conducting CLAT:Held: CLAT directed that, in the future, formulate the modalitiesin a manner consistent with its formulation which was placedon the record before the Supreme Court so as to obviate anyinconvenience to PwD candidates – The consortium shall alsotake due steps to ensure that its guidelines are consistent withthe Office Memorandum dated 10.08.2022 issued by the Ministryof Social Justice and Empowerment, Department of Persons withDisabilities. [Para 19]Rights of Persons with Disabilities Act, 2016 – In the CommonLaw Admission Test, the Consortium had sought to prohibitscribes if they are (a) above the 11th grade in educationalattainment; or (b) affiliated to any test-preparatory organisationor examination coaching centre – Propriety:Held: In this backdrop, it is necessary, in order to maintain theintegrity and sanctity of the examination, that the scribe doesnot provide independent answers to the MCQs based on theirown knowledge or experience and hence the two-fold restrictionhas been imposed – Moreover, it has been submitted that inany event, if a candidate has any difficulty in engaging a scribe,the Consortium is ready and willing to provide a scribe so thatthe candidate is not prevented from appearing for the entrancetest – Therefore, the request of the Consortium is allowed to theextent of its assertion that the scribe who is selected should notbe qualified above the 11th standard and should not be associatedwith any test-preparatory organisation or examination coachingcentre. [Paras 22, 27]Rights of Persons with Disabilities Act, 2016 – Facilitation ofa scribe to the candidates – Where the consortium providesscribe, at least two days’ time should be provided so as toenable the candidate to interact with the scribe:Held: In other words, candidates appearing for the CLAT caneither bring their own scribe or if it is not possible to do so,request the Consortium to provide a scribe who is then madeavailable to the candidate – It was agreed that where theConsortium provides a scribe, at least two days’ time shouldbe provided so as to enable the candidate to interact withthe scribe – The scribe is required in the case of a visuallychallenged candidate to read out and write the responses tothe MCQs – In order to familiarise the scribe and the aspirantcandidate, it is but proper that sufficient time for interaction oftwo days should be provided – The guidelines also make asimilar stipulation. [Para 26] |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2023 INSC 261 |
Petitioner | Arnab Roy |
Respondent | Consortium Of National Law Universities & Anr. |
SCR | [2023] 14 S.C.R. 464 |
Judgement Date | 2023-03-17 |
Case Number | 1109 |
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