Thread by @LiveLawIndia

#SupremeCourt hears matter concerning better accessibility for candidates with disability to appear in CLAT examination.

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Petitioner: They only give scribe to people with benchmark disability. There have to be guidelines...

Union of India: Your lordships should start with the guidelines made by the Ministry.

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Petitioner: What happened this year- the ad for CLAT for 8th August but guidelines came on 24th November for the exam which was held on 8th December. Registration closed on 18th November. Let this come simultaneously.

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CJI DY Chandrachud: So the guidelines should be at the same time as the advertisement for CLAT? That is alright.

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Petitioner: Then earlier they were not giving scribes but that was covered by your order.

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Petitioner: It was a 50 page people with very subjective paper. We read out whole paper. They were given one hour before. The guideline itself says they should get a chance to interact two days before.

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ASG Bhati: We'll follow the guidelines.

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Petitioner: It says qualification of scribe shouldn't be more than the exam but at the same level. This should be implemented.

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Union: Class 12 students we're saying can't. But we're providing other scribe if you can't get class 11 students.

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CJI DY Chandrachud: Your scribe cannot be a class 12 student.

Petitioner: They say that the scribe cannot be someone preparing for an exam. It could be an IIT preparing candidate.

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CLAT: My entire exam is MCQs. The subjects are English, Maths, logical reasoning, GK. These are common subjects.

CJI DY Chandrachud: Almost all students in 11th are preparing for something so how will you get scribe?

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CLAT: We are saying that we'll provide a scribe if you can't get one.

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Petitioner: If they follow the Ministry guidelines in letter and spirit, all the problems will be solved.

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CJI DY Chandrachud (dictating order): Petitioner averred that he was personally knew atleast 13 visually impaired candidates would not be given a scribe because of CLAT consortium.

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CJI : The petitioner highlighted certain specific concerns based on the judgement in Vikash Singh. Among these was the right of scribe to PwD candidates who didn't have benchmark disabilities

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CJI DY Chandrachud: The petitioner submitted that the Ministry of Social Justice and Empowerment, in its guidelines, prescribed that if a candidate is getting his own scribe, the qualification should be one step below him.

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CJI DY Chandrachud: However, the consortium didn't allow scribes who were enrolled in 12th grade or preparing for any exam or enrolled in any coaching centre.

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CJI DY Chandrachud: He submitted that this would eliminate almost all students from 10th and 11th since they're all enrolled in some coaching.

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CJI DY Chandrachud: Since CLAT is a nationwide examination and the issues would affect PwD candidates in general, this court entertained the proceedings on 15th Dec 2022.

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CJI DY Chandrachud: At that stage, CLAT was to be held only two days after. The respondent was directed to ensure that no disabled student was denied access.

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CJI DY Chandrachud: An affidavit is filed by consortium and the Union of India.

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CJI DY Chandrachud: By an office memorandum, following the decision in Vikash Kumar, guidelines have been formulated by union ministry in pursuance of an expert committee which was constituted to implement Vikash Kumar.

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CJI DY Chandrachud: The OM requires all recruitment agencies, academic bodies among others to be adviced appropriately to ensure compliance of guidelines.

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CJI DY Chandrachud: The consortium extended necessary facilities to PwD candidates. The issue which now survives is regarding modalities of future examinations conducted by CLAT

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CJI DY Chandrachud: We accept the suggestion of petitioner and direct that in future guidelines applicable for facilities extended to PwD candidates should be advanced with advertisement.

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CJI DY Chandrachud: This would ensure that candidates have clarity regarding the nature of the facilities made available to them.

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CJI DY Chandrachud: Mr Nair states that some of these suggestions have already been incorporated in the interim decision of this court and guidelines of Ministry of Social Justice and Empowerment.

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CJI DY Chandrachud: We direct that CLAT shall in the future formulate modalities in a manner consistent with formulation placed before us so as to obviate any hindrance to PwD candidates.

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CJI DY Chandrachud: Consortium shall also take steps to ensure that guidelines are consistent with OM issued by the Ministry of Social Justice and Empowerment.

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CJI DY Chandrachud: Consortium should also makes consideration to provide scribes to any candidate who cannot get a scribe.

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CJI DY Chandrachud: How many of your candidates got scribe of their own?

CLAT Consortium: 292 candidates registered as PwD candidates. 49 candidates opted to arrange a scribe by themselves. 33 requests were made for additional accomodation

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CLAT Consortium: For post graduate students, it cannot be a law student at all. It can be any other student. Having a rule which is consistent is important. It is all MCQ questions.

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Nair: Students across the board get difficulty getting scribe.

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CJI DY Chandrachud: The guidelines of consortium stipulate that scribe who is chosen by candidate would be prohibited if they are above 11th standard or affiliated with any test or coaching centre.

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CJI DY Chandrachud: This guideline is challenged on ground that the OM stipulates that if the examination body provides scribe, qualification of scribe shouldn't be more than candidate. However it should be above matriculation

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CJI DY Chandrachud: Petitioner submitted that restriction imposed by consortium is irrational.

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CJI DY Chandrachud: Consortium emphasised that the exam consisted of MCQs. In this background, it is necessary, in order to protect sanctity of exam that scribe doesn't provide independent answers to MCQs based on their knowledge.

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CJI DY Chandrachud: The affidavit by consortium indicates that at the CLAT conducted on 2022, 292 candidates of PwD category appeared. 49 got their own scribes. 33 requests for providing additional accomodation were there.

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CJI DY Chandrachud: Out of these 16 asked for scribe and 15 were granted with scribe and 1 withdrew.
It would not be appropriate to ignore the consortium's request to maintain the integrity of the examination.

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CJI DY Chandrachud: We allow the request of the consortium that the scribe shouldn't be above 11th standard and should not be associated with exam or coaching centre. However, the nature of guidelines cannot be frozen for future.

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