On 4/27/12, Eyeway Helpdesk <[email protected]> wrote:
>
> From: SC Vashishth [mailto:[email protected]]
> Sent: 27 April 2012 11:01
> To: undisclosed-recipients:
> Subject: ICAI imposes arbitrary Writers / Scribes Conditions for Students
> with Disabilities
>>
> Dear Colleagues,
> The Institute of Chartered Accountants of India (ICAI) is organizing its
> annual exams starting 03rd May 2012 which will be taken by hundreds of
> examinees with disabilities also. ICAI has provided "INSTRUCTIONS TO
> EXAMINEES - MAY, 2012" at link: http://220.227.161.86/26540exam15942.pdf.
> These instructions are utterly silent on the conditions for  Scribes allowed
> for Persons with Disabilities as per law, though they are exhaustive on
> other conditions to be met /observed for the examination.
>

> This time the candidates with disabilities have been surreptitiously sent a
> three page document titled "Guidelines and Procedure to be followed
> regarding granting of Writer/ Extra Time to the Differently Abled
> Candidates". Coincidentally, this document has not been provided  on the
> Institute website though is purported to have been adopted by Examination
> Committee during January 2012 and effective from May 2012 examinations.
>
> These impugned guidelines are illogical, arbitrary and work against the
> spirit of The Persons with Disabilities Act 1995 that aims to ensure equal
> opportunities, Protection of Rights & Full participation of persons with
> disabilities since they insist the following conditions among others:
>
>   1.. The writer should not be above 20 years of age as on the date of
> commencement of a particular examination for which the writer's assistance
> would be utilized by a candidate (for instance 02nd May 2012 for May 2012 CA
> Examinations)
>   2.. The writer should be the same person for all the papers of an
> examination and no request for change of writer shall be permitted.
>   3.. The writer should not be a relative of the candidate for whom he / she
> is acting as a writer.
> The students with disabilities are in shock as they can not meet such
> arbitrary guidelines forced upon them. However, most students are not
> willing to come openly  against the institute for fear of a backlash which
> may spoil their career.
>
> None of the earlier guideline (for 2007 or 2010 exams) which are available
> on the ICAI's website at link: http://www.icai.org/new_post.html?post_id=639
> do not contain any of such arbitrary and illogical conditions. The
> conditions put forth are unreasonable & discriminatory against persons with
> disabilities and defy the objective and mandate of the Disabilities Act.
>>
> I have been approached by several students who have failed to find writers
> below the age of 20 and are most likely to fall in to trap of missing their
> examinations despite their good preparation for the same.

> Also since this is an exam season and most teen-aged students who may be
> eligible to act as writer as per the eligibility condition put forth by the
> new guideline,  are busy in their exams hence it is next to impossible to
> meet such a unreasonable guideline. Moreover, the relatives have been barred
> from acting as a writer. I am wondering as to who would then come forward to
> help (even at a cost!) to write for them. They are bound to fail due to lack
> of level playing field!
>>
> The condition that write should be same for all the papers spread over a
> length of period is also a detrimental to the interest of the examinee
> since the teenager, who may agree to write the exam for the disabled student
> may have his own exam clashing. Then most students in graduation second or
> third year are more than 20 years.
>
> Such attitude with the students with disabilities is an open discrimination
> and a discouragement for them to enroll for the course and not only is
> against the mandate of the Disabilities Act but also Article 14 of the
> Constitution of India that ensures equality to all. The names of the
> students have been withheld on their request since they fear revengeful
> action on the part of ICAI.
>
> I have taken up the matter with the Chief Commissioner- Disabilities and
> hope that good sense will prevail over the ICAI and they would withdraw the
> unreasonable guideline.
>
> If you remember, recently, several organisations working for the Persons
> with disabilities in India (especially Low Vision and Blind), have suggested
> an exhaustive document titled "Uniform Guidelines for Conducting
> Examinations (Practicals and/or Theory) for Blind and Low Vision Persons".
> These have been sent to Ministry of Social Justice for their acceptance. In
> all probability these would be accepted since the content is the revised
> edition of the draft guidelines discussed in the Meeting of the State
> Commissioners Disabilities in the year 2008, if I correctly remember hence
> has a principal approval from the authorities.
>
> We suggest the ICAI to accept these guidelines in toto for implementation in
> all their examinations (including the one in May 2012) and take a lead in
> being the first progressive and disabled friendly institution of the
> Government of India.
>
> Seeking your support and solidarity.
>
> regards,
> Subhash Chandra Vashishth
>
> Advocate- Disability Rights
>
-- 
Thanks and regards,
Milan Mittal
Mobile - +919910043004
Email ID - [email protected]
Skype - milan.mittal


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