Case Note & Summary
The Supreme Court of India addressed a writ petition filed under Article 32 of the Constitution by a disability rights activist challenging certain conditions imposed by the Consortium of National Law Universities for scribe facilities in the Common Law Admission Test 2023. The petitioner, a lawyer and disability rights activist, contended that the Consortium's guidelines issued less than four weeks before the examination on 18 December 2022 would deny scribe assistance to visually impaired candidates and others with genuine writing difficulties. The petitioner raised three specific grievances: first, that the Consortium denied scribe facilities to candidates without benchmark disabilities despite having writing difficulties; second, that the Consortium imposed restrictive qualifications for scribes, prohibiting those above 11th grade or affiliated with coaching centers; and third, that the Consortium abdicated its obligation to provide scribes for candidates unable to engage one due to financial or accessibility constraints. The Court entertained the petition on 15 December 2022, just three days before the examination, considering the nationwide impact on Persons with Disabilities. During interim proceedings, the Consortium submitted a formulation extending scribe facilities to candidates with specified disabilities under Section 2(s) of the Rights of Persons with Disabilities Act 2016 but not covered under Section 2(r), i.e., persons with less than 40% disability having writing difficulties. The Court directed that this statement guide the examination conduct and ordered the Consortium to ensure no disabled student was denied access, with facilities provided as per the RPwD Act and the Vikash Kumar judgment. Post-examination, the Court considered affidavits from the Consortium and the Union of India's Department of Empowerment of Persons with Disabilities. The Ministry of Social Justice and Empowerment had issued an Office Memorandum on 10 August 2022 containing comprehensive guidelines for conducting written examinations for persons with specified disabilities having writing difficulties, implementing the Vikash Kumar decision. These guidelines included provisions for medical certification, scribe qualifications, compensatory time, and examination center accessibility. The surviving issue concerned modalities for future CLAT examinations. The Court noted the Consortium issued guidelines on 24 November 2022, three months after the CLAT advertisement on 28 August 2022, creating uncertainty. The petitioner argued there was no reason for this delay. The Court's analysis centered on ensuring compliance with the RPwD Act 2016 and the Vikash Kumar precedent, emphasizing that confining scribe facilities only to benchmark disabilities would deprive statutorily recognized entitlements. The Court directed the Consortium to follow the MSJE guidelines for future examinations, ensuring timely issuance of guidelines and proper facilities for all PwD candidates.
Headnote
A) Constitutional Law - Fundamental Rights - Article 32 - Writ Petition - Disability Rights Activist filed petition challenging CLAT 2023 scribe conditions - Supreme Court entertained petition considering nationwide impact on PwD candidates - Directed Consortium to follow RPwD Act guidelines and Vikash Kumar judgment (Paras 1-7). B) Disability Law - Rights of Persons with Disabilities Act 2016 - Scribe Facilities - Section 2(r), Section 2(s) - Consortium imposed restrictive scribe conditions including educational qualifications and coaching center affiliation - Court found conditions violated statutory entitlements under RPwD Act - Held that confining scribe facilities only to benchmark disabilities is contrary to statute (Paras 2-5). C) Disability Law - Reasonable Accommodation - Examination Guidelines - Ministry of Social Justice and Empowerment issued Office Memorandum dated 10 August 2022 implementing Vikash Kumar judgment - Guidelines provide detailed provisions for scribe facilities, compensatory time, and medical certification - Court directed Consortium to comply with these guidelines for future examinations (Paras 10-11). D) Administrative Law - Examination Conduct - Timely Guidelines - Consortium issued guidelines on 24 November 2022, three months after CLAT advertisement on 28 August 2022 - Court noted delay in issuing guidelines created uncertainty for PwD candidates - Directed timely issuance of guidelines for future examinations (Paras 14-15).
Issue of Consideration
Whether the conditions imposed by the Consortium of National Law Universities for scribe facilities in CLAT 2023 violate the Rights of Persons with Disabilities Act 2016 and the Supreme Court's judgment in Vikash Kumar v. Union Public Service Commission.
Final Decision
The Court directed the Consortium to follow the guidelines issued by the Ministry of Social Justice and Empowerment in its Office Memorandum dated 10 August 2022 for future CLAT examinations, ensuring timely issuance of guidelines and proper facilities for Persons with Disabilities.
Law Points
- Right to reasonable accommodation under the Rights of Persons with Disabilities Act 2016
- Entitlement to scribe facilities for persons with specified disabilities having difficulty in writing
- Obligation of examination bodies to provide scribes and compensatory time
- Prohibition against confining scribe facilities only to benchmark disabilities
- Requirement for timely issuance of guidelines
