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.