Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2014 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (3) TMI 224 - DELHI HIGH COURTValidity of guidelines issued for differently abled person - Conduct of Examination by ICAI - Restriction in usgae of number of scribes - The reason given by the respondent no.1 for not maintaining panel of scribes is that it does not have its own campus and has to conduct examination at as many as in 377 centres spread over 96 cities throughout the country as well as in 4 cities outside the country and, therefore, it is not possible for it to find out suitable persons to be appointed as scribes for differently abled persons at such places. Held that:- A perusal of the Academic Rules and Regulations of Jawaharlal Nehru University shows that it is the university who pays the charges of a writer providing assistance to the visually impaired students. Considering the guidelines issued by the Government of India, and the guidelines issued by University of Delhi and a reasonable probability of the differently abled persons not being able to find appropriate persons to act as scribes/writers for them during examination, it would only be appropriate for the respondent no.1 to prepare a panel of such scribes/writers at least in the major cities where examinations are held by it. Wherever it is so possible, the ICAI, instead of engaging its own scribes/writers, may engage scribes/writers on the panel of other universities/ institutions at the places where such universities/institutions and/or their affiliated colleges provide such scribes/writers. If a panel of scribes/writers is prepared by ICAI, there would be no need for the candidates to hunt for such scribes and the Superintendent/In-charge of the examination centres also will not have to take the trouble of checking the qualifications and antecedents of the scribes/writers arranged by the candidates themselves. At the places where respondent no.1-ICAI is not able to prepare a panel of scribes/ writers, the candidates will have no option but to arrange their own scribes/writers, but in that case, there should be no restriction on the number of changes allowed to candidate, as far as engagement of scribes/writers is concerned. As regards the apprehension that a candidate may try to avail the services of persons having special knowledge in the subject in which the candidate has to appear and write paper with the help of a scribe/writer, the apprehension has already taken care of by stipulating in the guidelines by respondent no.1 by prescribing qualification of the writer/scribe which is 10th/Matriculation for CPT Examination, for final/intermediate (IPCE) and graduate for post qualification course. The registered students of CA/CWA/CS course and those who have passed final examination or are member of ICAI, ICWAI and ICSI are not eligible to be a scribe/writer for the final and intermediate examinations. As regards qualification of scribes/writers prescribed in the guidelines framed by respondent no.1-ICAI, I find no reason to direct any modification in the said guidelines which are aimed at curbing any possible use of unfair means/malpractice during the course of examination by engaging scribes/ writers who are either equally or more qualified than the candidates. ICAI directed to prepare at least in major cities, its own panel of scribes/writers - Decided partly in favour of Petitioner.
|