The Supreme Court recently ordered a modification of the rules on the qualification limits for scribes engaged in helping visually impaired candidates take the All India Bar Examination (AIBE) and the Common Law Admission Test (CLAT) [Yash Dodani v Union of India].
A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and NV Anjaria has allowed visually impaired candidates to engage scribes even with qualifications higher than the 10+2 level, provided that the scribes are not law graduates.
The order was passed on February 10, while dealing with a petition filed by a group of visually impaired law students seeking equal access in national-level examinations, including AIBE and CLAT.
The petitioners' counsel argued that candidates with visual impairment who take these exams are entitled to have the assistance of a scribe who is an undergraduate, but is not pursuing the study of law or any other humanities course.
In other words, the petitioners pressed that there be no bar on candidates for using a scribe who possesses qualifications of more than 10+2 schooling.
The Bench noted that these proposals were in line with the guidelines issued by the Ministry of Social Justice and Empowerment.
"We see no reason to take a different view than these suggestions given on behalf of the petitioners," the Court added.
The Court has, therefore, directed the Bar Council of India (BCI) and the Consortium of National Law Universities to implement such changes to the rules at the earliest and to formally notify the revised position before the next examination.
The Court directed that a compliance affidavit be filed within two weeks.
The matter will next be taken up on March 20.
Advocates Amar Jain and Sanchita Ain appeared for the petitioners.
Additional Solicitor General (ASG) Archana Pathak Dave with advocates Ashok Panigrahi, Madhav Sinhal, Swati Ghildiyal, Deeksha, Pratyush Srivastava, Manish, N. Visakamurthy, Akshay Amritanshu, Anjul Dwivedi, Abhay Nair, Sarthak Srivastava, Mayur Goyal, Pritha Srikumar Iyer, Arun Sri Kumar and Shubhansh Thakur, appeared for the respondents.
[Read Order]