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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 ..... er sought permission to use scribes in her forthcoming examinations. The said request was rejected vide communication dated 31.4.2013. The petitioner again requested respondent no.1 to either provide her with a scribe or permit her to change the scribe more than once as she was finding it difficult to arrange a competent and 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 num ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore this Hon'ble Court detailing the action taken by them pursuant to the complaint made by the petitioner against the centre authorities; (xii) directions to the respondent no.1 to re-conduct the exams of the petitioner before the next scheduled examinations; (xiii) directions to the respondent no.1 to pay as damages such amount as this Hon'ble Court deems fit to any non-governmental/charity organization working for the differently abled; and (xiv) directions to respondent no.2 to ensure adoption of the guidelines 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 ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant or request the examination body for the same. Clause (v) of the said guidelines provides that criteria like educational qualification for the scribe/reader should not be fixed and instead the invigilation system should be strengthened so as to have a check on any possible malpractice and cheating during examination. Clause (vi) of the OM provides that the candidates should also be allowed to take more than one scribe/reader for writing different papers especially for languages. It would thus be seen that the aforesaid OM also envisages a panel of scribes to be maintained by the examination body. In fact, several universities including Jawaharlal Nehru 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 unab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation, it would only be appropriate for the respondent 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. 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/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... As noted earlier, the guidelines issued by Government of India do permit the candidates to seek more than one scribe/writer for writing different papers. There is no reason why the respondent no.1-ICAI should not provide similar facilities to the candidates appearing in its examinations. In fact, all the apprehensions and misgivings which the respondent no.1 may possibly have in the event of permitting more than one change of scribe/writer, can be taken care of in case a panel of appropriate scribes/writers is prepared by it. 8. As regards, the payment of charges to the scribes/writers, as noted earlier, the guidelines issued by Delhi University as well 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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