Thread by @barandbench

CLAT 2023: #SupremeCourt to hear PIL challenging stringent norms to avail scribes for differently-abled wanting to write the examination.

Matter before bench led by Chief Justice of India DY Chandrachud.

#clat #clat2023

Counsel for petitioner: Please see the notification. In para 3 and 4 it is confined to those for benchmark disability

CJI: Benchmark disability is for reservations and nothing to do with this

Adv: Yes your judgment Milord

CJI: Yes

#SupremeCourt #CLAT

CJI: Point us to the meat of the matter. You are saying scribe cannot be only for those with benchmark disability. What is the second aspect ?

Adv: The scribe should not have completed 11th grade....I could be a graduate also writing for CLAT.. i can get someone 1 step below

CJI: But CLAT is for 12th standard students. That is why scribe should not be a standard 12 pass out.

Adv: We are trying to widen the base of available scribes. We are saying one step below can be chosen

CJI: if the candidate has done third year BA you are saying you will take second year BA which is dicey. Scribe should not have cleared 12th STD rule is fine, we don't want to say a third year BA can take first year BA scribe

Adv: but must not be affiliated with any test preparatory organisation

CJI to NLU counsel: You cannot say scribe only for someone with benchmark disability

Adv: I bow down

CJI: When is CLAT taking place ?

Adv: 18th

CJI: allow all with disability and not only benchmark

Adv: but there should be a writing disability.. we accomodate anyone who comes with fracture in hands.

CJI: Yes don't confine to only benchmark disability

Adv for NLU: Ministry now wants a proper certification for such Disability.. even UGC

CJI: it has to be made simple

Adv: we don't have any specified certification

Justice Narasimha: any expert authorised can give a certificate

CJI to NLU counsel: we do not want our order to be subject to misuse. Please formulate something for us which says scribes not only for benchmark disability and make certificate process more streamlined.. we will also incorporate that in our order.

CJI to NLU counsel: We will keep it tomorrow (and you) come with a statement

Adv: The petitioner is a Public interest petitioner and not even a candidate

CJI: Oh..

Adv for petitioner: I am a disability rights activist

CJI: The moment you say that it means you are also concerned..it is ok. We get it