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TMI Blog2014 (3) TMI 224X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent no.1 to prepare a panel of such scribes/writers at least in the major cities where examinations are held by it. Wherever it is so possible, the ICAI, instead of engaging its own scribes/writers, may engage scribes/writers on the panel of other universities/ institutions at the places where such universities/institutions and/or their affiliated colleges provide such scribes/writers. If a panel of scribes/writers is prepared by ICAI, there would be no need for the candidates to hunt for such scribes and the Superintendent/In-charge of the examination centres also will not have to take the trouble of checking the qualifications and antecedents of the scribes/writers arranged by the candidates themselves. At the places where respondent no.1-ICAI is not able to prepare a panel of scribes/ writers, the candidates will have no option but to arrange their own scribes/writers, but in that case, there should be no restriction on the number of changes allowed to candidate, as far as engagement of scribes/writers is concerned. As regards the apprehension that a candidate may try to avail the services of persons having special knowledge in the subject in which the candidate has to app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... permanent scribe. The said request was rejected. According to her, she was able to persuade only a class XI student to write for her and, therefore, again requested the respondent to either provide her a competent scribe or allow her to use multiple scribes. That application was also rejected and when the petitioner sought to avail the services of a new scribe, who accompanied her to the examination centre, the centre authorities did not allow the new scribe and required the petitioner to call the previous scribe. Being upset with repeated rejections of her requests to allow multiple change of scribes and other difficulties being faced by her as well as by other differently abled persons, the petitioner is before this Court seeking the following reliefs: (i) directions to the respondent no.1 to abolish the guideline restricting the number of scribes that differently abled person is permitted to use and introduce a guidelines specifically stating that every candidate can change scribes multiple times; (ii) directions to the respondent no.1 to form a panel of competent scribes and provide a scribe to any candidate who has not been able to find one him/herself; (i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elines framed by the Ministry of Social Justice Empowerment (Disability Affairs) and compliance of the orders of this Hon'ble Court. 3. In its counter affidavit, the respondent no.1-ICAI has stated that it conducts the examination in about 377 (three hundred seventy seven) centres spread over 96 (ninety six) cities throughout the country as well as in 4 (four) cities outside the country and it does not have a campus of its own. According to the Institute, it is not practically possible for it to provide writers to differently abled persons. It is further stated in the counter affidavit that the candidates have been arranging their own scribes and the Institute has also been granting extra time and certain other facilities to them, in accordance with its guidelines. The respondent no.1 has justified permitting only one change of scribe during entire examination. It is also stated in the counter affidavit that permitting only one change of scribe is to check the possibility of using different scribes in different papers just to make gain from the knowledge of such scribes in a particular subject. 4. The following issues primarily arose for consideration of this writ petition: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... University and Delhi University have been maintaining such panels. A perusal of the notification dated 9.11.2011, issued by the University of Delhi would show that in case of a student with low vision (if the permanent disability of the student may be a hindrance in his/her ability to write the examination), students with orthopedic disability (if the candidate is unable to write his/her examinations himself/herself, students with cerebral palsy and other brain related ailments that demand support system (if the candidate is unable to write his/her examinations himself/herself), scribe is allowed by the university to the candidates and is provided by the Superintendent of the Examination without obtaining prior approval of the university, if the candidate possesses valid and permanent disability certificate issued by the Medical Board of a government hospital, subject to the candidate fulfilling the other conditions laid down in the guidelines. The candidates, seeking such facilities have to apply to Examination Branch of the university, and thereafter is to be provided as per the norms of the university. The candidates are also permitted to arrange their own writers/ scribes and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecking the qualifications and antecedents of the scribes/writers arranged by the candidates themselves. I appreciate that it will not be possible for respondent no.1 to have such panel in every city in which examination is conducted by it, but, wherever it is possible, the respondent no.1-ICAI must have such a panel, either by preparing its own panel or by adopting the panel of scribes/ writers prepared by other universities/ colleges/institutions. At the places where respondent no.1-ICAI is not able to prepare a panel of scribes/ writers, the candidates will have no option but to arrange their own scribes/writers, but in that case, there should be no restriction on the number of changes allowed to candidate, as far as engagement of scribes/writers is concerned. As regards the apprehension that a candidate may try to avail the services of persons having special knowledge in the subject in which the candidate has to appear and write paper with the help of a scribe/writer, the apprehension has already taken care of by stipulating in the guidelines by respondent no.1 by prescribing qualification of the writer/scribe which is 10th/Matriculation for CPT Examination, for final/intermed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ell as the guidelines issued by Jawaharlal Nehru University do provide for payment to them at the rate prescribed by the university. There is no reason why the respondent no.1-ICAI as a part of its social obligation, should not pay to the scribes/writers engaged by the candidates appearing in the examination conducted by it. The respondent no.1-ICAI can fix its own schedule of charges payable to such scribes/writers and in case the scribe/ writer is engaged by the candidate, he should be reimbursed only to the extent permissible under the schedule of ICAI. 9. As regards qualification of scribes/writers prescribed in the guidelines framed by respondent no.1-ICAI, I find no reason to direct any modification in the said guidelines which are aimed at curbing any possible use of unfair means/malpractice during the course of examination by engaging scribes/ writers who are either equally or more qualified than the candidates. 10. For the reasons stated hereinabove, the writ petition is disposed of with the following directions: (i) The respondent no.1 shall prepare, at least in major cities, its own panel of scribes/writers, to be provided to the differently abled persons on r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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