Court relief for disabled aspiring chartered accountants

http://www.thaindian.com/newsportal/uncategorized/court-reli

Thaindian News
New Delhi, May 2 (IANS) The Delhi High Court Wednesday directed the
Institute of Chartered Accountants of India (ICAI) to relax the
guidelines for disabled students appearing in exams conducted by it.

The division bench of Acting Chief Justice A.K. Sikri and Justice R.S.
Endlaw told the institute conducting the exam to allow a relative of
every disabled student to act as a writer for him or her.

It also made clear that the writers for disabled students should not
be related with the subjects like company secretary, commerce or
corporate law. They should also not have any association with cost and
works accountants courses.

The court’s order came on a petition seeking quashing the fresh
guidelines of the ICAI for the students with disabilities appearing
for the chartered accountant’s examination that commenced Wednesday.

According to recent guidelines issued by the institute, the writers -
who could write exams for disabled students - should be less than 20
years, no relative could act as a writer and there could only be one
writer throughout the exams spread over 15 days.

The judges directed the institute to allow the disabled students
appearing for exam to change the writer throughout the examination.

They asked the examination committee of ICAI to consider the issue and
make necessary amendments in the guidelines for the examinations in
future, while making it clear that Wednesday’s order was only for the
on-going tests.

Petitioner Pankaj Sinha told the court that it was impossible to meet
the guidelines as it was difficult to find writers below 20 years. He
said most people under 20 years were busy in their own exams.

On the guideline that there can be only one writer throughout the
exams that spread over 15 days, he submitted that it may not be
possible for some writers to be available for the candidates due to
sickness or personal urgency.

Another petitioner Subhash Chandra Vashishth said: “It is difficult to
fulfil the condition and to find writers below the age of 20 and the
examinees with disabilities are most likely to fall in the trap of
missing their examination despite their good preparation.”


On 5/2/12, Eyeway Helpdesk <helpd...@eyeway.org> wrote:
> Hi all,
> Just learnt from Subhash Vashishth that today he has got favourable order in
> this matter from the Chief Justice of Delhi high court. The exams for many
> students are starting tomorrow.
>
> Subhash is waiting to receive the copy of the order, and will circulate as
> he gets it. In the meantime he asked to share the following points:
> The court ordered the Institute of Chartered Accountants of India to
> withdraw the 3 conditions - namely the writer cannot be above age 20, the
> writer not to be a relative, and same writer to write all the papers. The
> court has also ordered them to put up the changed rules on their website by
> tonight, and to get it published in all national dailies circulated tomorrow
> morning.
>
> Do forward this news as wide as possible to reach all students and other
> interested people.
>
> Kudos to Subhash, and to those students who took the matter to him!
>
> thanks,
>
> Pranay Gadodia | Programme Manager
> Project Eyeway - A knowledge resource for living a fuller life with vision
> loss
> C/o Score Foundation, 17/107, Basement, Vikram Vihar, Lajpatnagar 4, New
> Delhi 110024, INDIA.
>
> Helpdesk:+91 - 11 - 460 70 380 (Monday to Friday 10am to 5pm)
> Office Phone: +91 - 11 - 26472582/81
> Email: helpd...@eyeway.org
> Website: www.eyeway.org
> ----- Original Message -----
> From: Eyeway Helpdesk
> To: vip-comme...@googlegroups.com
> Sent: Monday, April 30, 2012 6:25 PM
> Subject: [VIP-Comm:800] Fw: [AI] Differently abled CA aspirants oppose new
> scribe guidelines
>
>
> ----- Original Message -----
> From: "SC Vashishth" <subhashvashis...@gmail.com>
> To: "Adv Subhash Chandra Vashishth" <subhashcvashis...@gmail.com>; "AI List"
> <accessindia@accessindia.org.in>
> Sent: Monday, April 30, 2012 10:51 AM
> Subject: [AI] Differently abled CA aspirants oppose new scribe guidelines
>
>
> *Differently abled CA aspirants oppose new guidelines
> Ananya Panda
> Tribune News Service*
>
> New Delhi, April 29
>
> Differently abled Chartered Accountancy aspirants, who will take the May 3
> exam to be conducted by the Institute of Chartered Accountants of India
> (ICAI), were taken aback by seeing the three-page document titled
> “Guidelines and procedure to be followed regarding granting of writer/
> extra time to the differently abled candidates” received just days before
> the exams along with the admit cards.
>
> It was a set of revised guidelines on scribes for candidates with
> disabilities, none of which are mentioned in the exhaustive section
> detailing about the instructions to examinees on the website of the ICAI, a
> statutory government body.
>
> The said document, effective from May 2012 exams, was the result of ICAI’s
> executive committee meeting held on January 18 and adopted by its
> examination committee. Yet the country’s national accounting body chose to
> remain silent that has left the section of persons with disabilities,
> including those with no vision, blindness, neurological impairment, loss of
> limb or temporary impairment, helpless. Those with hearing loss are not
> covered.
>
> The recently issued guidelines in question are: the writer should not be
> above 20 years of age as on the date of exam; the writer should be the same
> person for all the papers of an examination; no request for change of
> writer shall be permitted; and the writer should not be a relative of the
> candidate.
>
> Affected candidates maintained that the guidelines are illogical, arbitrary
> and work against the spirit of The Persons with Disabilities Act, 1995, and
> the step is open discrimination and discouragement for differently abled
> aspirants to enrol for the course.
>
> The objectionable guidelines have put the fate of nearly 300 examinees in
> dark, who have expressed inability in finding writers qualifying under the
> new rules owing to exam days.
>
> “The instructions on the institute’s website are silent on the conditions
> that are put forth. These instructions are unreasonable and discriminatory
> against differently abled persons and defy the objective and mandate of the
> Disabilities Act. The differently abled students are in shock, but are
> unwilling to speak up in fear of backlash,” said disability rights activist
> Subhash Chandra Vashishth, who has taken up the matter with the Chief
> Commissioner - Disabilities after the students approached him.
>
> The national accounting body was not keen on listening to the disabled
> section’s concerns and told them to drop the year if they fail to meet the
> fresh set of criteria.
>
> *Not in right spirit*
>
>    - Affected candidates say the guidelines are illogical, arbitrary and
>    work against the spirit of The Persons with Disabilities Act, 1995
>    - They allege the step is open discrimination and discouragement for
>    differently abled aspirants to enrol for the course
>
> http://epaper.tribuneindia.com/c/151167
> --
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-- 
With Regards
Pradeep T.S
Email: pradeep_bana...@rediffmail.com
Mobile: 9845925188
Skype: pradeepsocialwork


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