Whether author implies in this case Pankaj Sinha or Subhash Chandra
Vashishth?
----- Original Message -----
From: "SC Vashishth" <[email protected]>
To: "AI List" <[email protected]>
Cc: "Ad Subhash Chandra Vashishth" <[email protected]>
Sent: Thursday, May 03, 2012 3:01 PM
Subject: [AI] Delhi High Court strikes down arbitrary Writer /
ScribeGuidelines of ICAI
Dear Colleagues,
Please refer to my earlier posts titled ICAI imposes arbitrary Writers /
Scribes Conditions for Students with
Disabilities<http://disabilityrightsthroughcourts.blogspot.in/2012/04/icai-want-writers-scribes-of-blind.html>
to know the background.
In the instant case, the Institute of Chartered Accountants of India (ICAI)
examinees with disabilities who were due to write their exams tomorrow
onwards i.e. 03rd May 2012, received the Admit Card and impugned writer
guidelines on 26th April 2012, just days before the examination with weekly
holiday in between. Despite the fact that this guideline titled; *“Guidelines
and Procedure to be followed regarding granting of Writer/ Extra Time to
the Differently Abled Candidates”* was finalised by the Examination
Committee in its January 2012 meeting, the same was never put up on the
website while there exist detailed instructions for examinees taking CA
exams this year.
The examinees found these guidelines discriminatory and arbitrary and
against the settled norms of writer guidelines. This amounted to
discouraging the students with disabilities to appear for the exams. The
examinees immediately contacted Mr. Somasekhar, Addl Secretary (Exam) who
told the candidates that he could not do anything since this is the
decision of the Examination Committee taken during January 2012.
The examinees then contacted the author to help them resolve this issue so
that they could appear in the examination with a proper writer. It is
pertinent to mention that the examinees with disabilities fearing
retribution from the ICAI did not want to come out in open against the
ICAI. The author also telephonically contacted the Addl. Secretary above,
but he only promised that “he will look in to it”.
The author then immediately filed a complaint before the Chief
Commissioner- Disabilities on 27th April 2012 and sought an urgent
intervention in view of the exam starting 03rd of May 2012.
The Chief Commissioner, having verified the facts and the documents on
record, immediately sent his order dated 30.04.2012 by email & Fax to the
ICAI directing them to remove the unreasonable conditions for the writer to
be used by candidates with disabilities and sought an action taken report
by email/fax.
The author has been following up since then with the ICAI but to no avail.
The Institute neither gave any assurance nor withdrew the impugned
guidelines.
Since no student was ready to come forward in open against the mighty
Institution set up under an Act of Parliament in 1949 and the second
largest accounting body in the whole world, the
author<http://in.linkedin.com/in/subhashvashishth>was
forced to become petitioner in an urgent "public interest litigation" filed
before the Delhi High Court yesterday morning praying quashing of the
impugned guidelines and staying the examinations/ making proper
arrangements for the conducting examinations of persons with disabilities
who may be using the writers/ scribes based on the earlier guidelines in
the interest of justice.
The double bench of Hon'ble Chief Justice Shri. AK Sikri and Hon'ble
Justice Rajiv Sahai Endlow directed the Institute to relax all three
impugned conditions i.e. Writer to be not more than 20 years, Only one
writer to write all exams and lastly that relative can not write the exams.
The Hon'ble court also verbally asked the media people present in the court
to give wide coverage to this issue in national dailies so that it reaches
all affected students and their families.
Respecting the autonomy of the Institution, the Hon'ble Court clarified in
its order, *"This order is only applicable for the current examination
(May 2012 Exam.) and the Examination Committee of the ICAI who is meeting
to discuss this issue on 13 May 2012 will be entitled to take its own
decision after considering the difficulties pointed out by the petitioner
in this petition. This petition shall also be placed before the Examination
Committee and treated as representation of the petitioner and the
aforesaid arrangement made by us for the present examination would not be
reflective of any final opinion in this matter."*
At the same time, it also addressed the fears of the petitioner by
ordering, "*We make it clear that in case any amendments in the Guidelines
are made by the respondent ICAI pursuant to the recommendations of the
Examination Committee and the petitioner still feels aggrieved
thereagaisnt, it would be open to the petitioner to approach the Courts
again*."
*Documents available for Download*
I am providing following documents that may come handy for parents, fellow
activists and students to take up similar matters of discrimination before
various forums.
*
*(a) Copy of Petition to the Chief Commissioner in PDF
File<https://docs.google.com/open?id=0B1XryFntfUAAbktMUU5iY0J5MGc>
.
(b) Copy of Order of the Chief Commissioner -Disabilities in PDF
File<https://docs.google.com/open?id=0B1XryFntfUAAdFNVZGNtQTNqSEE>
.
(c) Copy of the PIL Petition to the High Court of Delhi (Brief) in PDF
File <https://docs.google.com/open?id=0B1XryFntfUAAV2NFN0ZTRjV6UFU>
(d) Copy of the Judgement of the Hon'ble High Court in PDF
File<https://docs.google.com/file/d/0B1XryFntfUAAek9KMlhLdnRSLUE/edit>
.
***Reflections of Stakeholders*
Since morning I have been receiving thank you messages from parents,
relatives, students, NGOs for this relief from the court of Hon'ble Chief
Justice. Many parents while talking to me on phone broke down and expressed
that they were feeling very helpless since they couldn't do much against
the Institution in such a short span when three days before the exam it
hands them such whimsical guidelines aimed at discouraging their wards to
appear for the exams. I want to say to all such parents, affected persons
not to accept injustices quietly. Please raise your voice. We have a very
supportive Chief Commissioner- Disabilities as well as Judiciary (High
Court) to ensure that justice is rendered to the needy, if their doors are
knocked.
*Media Coverage*
*Times of
India:<http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=CAP/2012/05/03&PageLabel=7&EntityId=Ar00704&ViewMode=HTML>
*
**
HC asks ICAI to relax norms for disabledTIMES NEWS NETWORK
New Delhi: The Delhi high court on Wednesday directed the Institute of
Charted Accountants in India (ICAI) to relax conditions for disabled
candidates appearing for the CA examination that began on Wednesday.
While hearing a PIL seeking quashing of fresh guidelines of the ICAI for
the examinees with disabilities appearing for this year’s CA examination, a
division bench of acting Chief Justice A K Sikri and Justice Rajiv Sahai
Endlaw directed the institute to allow a relative of a disabled candidate
to act as a writer during the examination. The court, however, said the
writers for disabled students should not be from commerce background. In
its order, the court also directed ICAI, which conducts the examination, to
allow the examinees to change the writer throughout the examination that
will last till May 17. Making it clear that this court’s order is only for
this year’s examination, the bench asked the Examination Committee of ICAI
to consider the issue and make necessary amendments in the guidelines for
the examinations in future.
*Other Coverage:*
*
*
*The Hindu: *Court allows kin as writer for physically challenged examinees.
*Indian Express:*
http://www.indianexpress.com/news/ca-exam-high-court-relief-for-differentlyabled-candidates/944513/
*Asian Age*:
http://www.asianage.com/india/court-relief-disabled-aspiring-chartered-accountants-555
Business Standard:
http://www.business-standard.com/generalnews/news/let-disabled-ca-examinee-to-take-kins-help-in-examhc-to-icai/4033/
*IBN Live*:
http://ibnlive.in.com/generalnewsfeed/news/let-disabled-ca-examinee-to-take-kins-help-in-examhc-to-icai/993586.html
*News Track India*:
http://www.newstrackindia.com/newsdetails/2012/05/02/374--Court-relief-for-disabled-aspiring-chartered-accountants-.html
*News.webindia:*
http://news.webindia123.com/news/Articles/India/20120502/1976897.html
News reporter.in:
http://www.newsreporter.in/let-disabled-ca-examinee-to-take-kins-help-in-examhc-to-icai
*News Taaza.com*:
http://news.taaza.com/news/939207-court-relief-for-disabled-aspiring-chartered-accountants.html
*Ummid.com: *
http://www.ummid.com/news/2012/May/02.05.2012/crt_relf_fr_dis_ca.htm
*Sify.com*:
http://www.sify.com/news/court-relief-for-disabled-aspiring-chartered-accountants-news-education-mfcvEiiaidd.html
Taken from Blog:
http://disabilityrightsthroughcourts.blogspot.in/2012/05/delhi-high-court-strikes-down-arbitrary.html
--
Warm regards,
Subhash Chandra Vashishth
Advocate
Mobile: +91 (11) 9811125521
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