Supreme Court directs Consortium of National Law Universities to provide Scribe to those who are unable to find scribe, among other reliefs.

Court: Supreme Court of India

Bench:  Dr Dhananjaya Y Chandrachud, Chief Justice of India; Pamidighantam Sri Narasimha, Justice  and  J B Pardiwala, Justice

Case Number: Writ Petition (Civil) No. 1109 of 2022

Case Title: Arnab Roy Versus Consortium of National Law Universities & Anr.

Date of Judgement: 17 March 2023

Cases Reffered: 

 1. Vikash Kumar Vs Union Public Service Commission & Ors.

Brief:

The petitioner,  a lawyer and a disability rights activist, moved these proceedings under Article 32 of the Constitution of India challenging certain conditions which were imposed for the conduct of the Common Law Admission Test 2023 scheduled on 18 December 2022. The issue specifically addressed by the petitioner relates to the facilities for candidates who intend to avail of a scribe as the restrictive conditons have been imposed belatedly just four weeks before the exams which in turn would mean that atleast 13 visually impaired candidates would not be able to avail the scribe. This included denial of the right to a scribe to candidates who do not have a benchmark disability though they have a genuine difficulty in writing.

The Supreme Court bench  in this matter has taken a progressive stance while dealing with the Examination Guidelines to ensure equal opportunities for candidates with disabilities in the LL.B admissions process particularly about provisions for necessary accommodations and support to participate in the CLAT examination . 

The bench clarified that candidates appearing for the CLAT (Common Law Admission Test) examination conducted by Consortium of National Law Universities can either bring their own scribe or if it is not possible to do so, request the Consortium to provide a scribe who is then made available to the candidate.  Where the candidates are unable to find their own scribe and the Consortium provides a scribe, at least two days’ time should be provided so as to enable the candidate to interact with the scribe, directed the court.

The bench, headed by the Chief Justice D Y Chandrachud  passed several directions to guarantee that candidates with disabilities receive all the facilities specified by the Ministry of Social Justice and Empowerment,Govt. of India. The Court accepted the suggestion of the petitioner and emphasized the importance of issuing guidelines well in advance, ensuring clarity regarding the facilities available for candidates with disabilities.

Additionally, the bench also directed the consortium to align their guidelines with the official memorandum issued by the Ministry of Social Justice and Empowerment. While there were concerns that the condition of scribes not being involved in coaching for other competitive exams would limit the availability of scribes, the Court has allowed the consortium's request to ensure the sanctity of the CLAT exam. However, it also highlighted that the nature and contents of the Examination Guidelines cannot be frozen for the future. The Consortium would be at liberty to modify the Guidelines bearing in mind the exigencies of the situation and the constantly evolving nature of the knowledge and experience gained in conducting CLAT particularly in the context of the rights of PwD candidates.

This judgement is a significant step towards promoting inclusivity and equal opportunities in legal education. The Consortium of NLUs was established to enhance the standards of legal education and coordination among National Law Schools, and this decision aligns with their objective.

This judgement will undoubtedly create a more inclusive and fair admission process for aspiring law students with disabilities in line with the intention of the legislature behind passing the RPWD Act 2016.

Madras HC- Motor Vehicle Tax Exemptions to disabled can not be subject to condition that it is driven by the disabled himself [Judgement Included]

Court: Madras High Court (Madurai Bench)

Bench: Hon`ble Ms. Justice P.T. ASHA

Case No: WP(MD).1480/2023

Case Title: Angappan Vs. The Secretary to the Government of Tamil Nadu 

Date of Order/Judgement:  13/03/2023

Brief:

One Mr. Angappan claiming to have 80% locomotor disability had approached the court after the Regional Transport Officer, Pudukottai had rejected his application for tax exemption. The officers had demanded production of the disability certificate and a certificate stating that the Angappan can drive the vehicle. They also sought for a certificate from the Retro Fitment Centre, which had adapted the vehicle. Though the certificates were produced, his application was rejected. The authorities however countered this claim by submitting that the tax exemption was available only for self driven vehicles. 

Clearing a misconception that persons with disabilities (PwD) would be exempted from paying tax for their motor vehicles only if they drive the vehicle, the Madurai Bench of the Madras High Court recently came to the rescue of Mr. Angappan, a person with 80% locomotor disability who, when he applied for tax exemption for registration of his car, was asked to produce a certificate that he could drive the car.

The court noted that the authorities had in fact misconstrued the provisions of the Government Order. The stand that tax exemption was available only for self driven vehicles was a misconception. Further, the court noted that in the present case, there were no major alterations as contemplated in the Act. The only alteration was for the easy ingress and egress of Angappan. Thus, the court held that Angappan was eligible for tax exemption and directed the authorities to grant the said exemption to him while alowing his petition. 

The Governmetnof Tamil Nadu Home (Transport -T) Department had passed a GO in December 1976 exempting persons with physical disabilities from paying tax for motor vehicles that are specifically designed or adapted for their use, provided that the said vehicles are used only by persons with disabilities. However, the purpose of the GO has been totally misconstrued by the authorities, the judge observed.

“They have understood the notification to be available only to motor vehicles, which are driven by the physically challenged persons themselves. This is an absolute misconception. The said notification is issued in tune with the definition of an ‘adapted vehicle’ as provided in Section 2 (1) of the Tamil Nadu Motor Vehicles Act. The only condition prescribed is that the vehicle should be ‘used’ by the person, for whose use the vehicle has been adapted. Nowhere does it state that it should be driven by the said person,” the judge clarified.

"Neither the definition under Section 2(1) nor Section 52 specifies that it is the person, for whose purpose, the adaption is made, who should ride the vehicle. On the contrary, the definition of adapted vehicle makes it clear that the vehicle should be used solely by or “for such person”.

Justice Asha thus opined that the State should ensure that such persons who are granted exemption enjoy the same and added as below:

“Where a rule or regulation purports to grant a right to a particular section of society, courts must use the rule of purposive interpretation to ensure that the object of beneficial legislation reaches the intended section of the society,” 

The government order, read along with Section 2 (1) and Section 52 of the Act, clearly spells out that a physically challenged person, who owns a vehicle and has adapted the vehicle for his or her use, is entitled to the tax exemption, the judge added and allowed the petition.

Read the order /Judgement dated 13 Mar 2023 below:

DHC directs Delhi Govt. to undertake Special Recruitment Drive To Fill Up Vacancies For PwDs

Court: Delhi High Court
Bench: HON'BLE THE CHIEF JUSTICE and  HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
Case No. : W.P.(C) 8455/2017
Case Title: NATIONAL FEDERATION OF THE BLIND Vs. GOVT. OF NCT OF DELHI AND ANR.
Date of Judgement: 06.03.2023
Neutral Citation Number: 2023/DHC/001652

Brief:

While disposing off a public interest litigation filed by National Federation of the Blind alleging inaction on the part of the Delhi Govt. in implementing reervation for persons with disabilities particularly persons with visual disabilities, a division bench of the Delhi High Court directed Chief Secretary of the Government of NCT of Delhi (GNCTD) to undertake a special recruitment drive for filling up backlog of vacancies for persons with disabilities (calculated rom 1996 when the Persons with Disabilities Act 1995 was enforced @ 3% and from 2017 till date @ 4% in various departments or establishments in a time bound manner. 

The division bench also set out a time schedule to be followed by the GNCTD to carry out the special recruitment for filling up the vacancies. Directing the concerned departments, the court said, “The notification of advertisement by DSSSB/ UPSC, as the case may be, for filling up back-log of vacancies for persons with benchmark disabilities against requisition sent to them be issued within 30 days from the date of receiving requisition. The DSSSB/ UPSC, as the case may, shall declare the result and the process of appointment be concluded within a period of 30 days from the date of declaration of result/ interview.”

Read the detailed Judgement below: