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The CLAT Consortium had submitted suggestion before the Top Court on conduct of examination after relying on the judgment in Vikash Kumar vs Union Public Service Commission and Others.
The Supreme Court recently sought a status report from the Consortium of National Law Universities with regard to the reasonable accommodation made for the candidates appearing for the CLAT 2023 examination, including the number of disabled candidates who applied at the ensuing CLAT and the facilities extended to them.
A CJI Chandrachud led bench also directed the Consortium to ensure that no disabled student is denied access to the ensuing examination and that all necessary facilities by way of reasonable accommodation should be provided having due regard to the provisions of the Rights of Persons with Disabilities Act 2016.
In the case before court, the consortium was previously asked to prepare a set of suggestions, and complying with the same, it submitted a formulation.
It suggested that reasonable accommodation for candidates would be made for those with a specified disability covered under the definition in Section 2(s) of the Rights of Persons with Disabilities Act, 2016 (the “Act”) but not covered under the definition under Section 2(r) of the Act, i.e., persons having less than 40% specified disability, and who had difficulty in writing.
The bench also comprising Justice PS Narasimha was told that such candidates who had secured a government medical certificate/ disability certificate indicating that they fall within the aforesaid category may be permitted the assistance of a scribe to write the CLAT 2023.
"Any such candidate may apply to the Coordinator having charge over their allotted Test Centre by email. ... Any scribes must meet the qualification criteria for scribes set out in the Consortium’s ‘Guidelines for Persons with Benchmark Disabilities (“PwDs”) / Specially Abled Persons (“SAPs”) dated November 24, 2022.... The Consortium shall also provide appropriate support to those candidates with benchmark disabilities ....on a case-by-case basis, in order to complete the CLAT 2023 successfully....", Court was further informed.
Relying on such submissions, the division bench ordered that such suggestion shall guide the conduct of the examination.
The matter will now be heard on January 20th for considering the status report.
Case Title: ARNAB ROY vs. CONSORTIUM OF NATIONAL LAW UNIVERSITIES & ANR
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