All
Copying below a mail from Kanchan which did not get on the list.
Harish Kotian
Quoting:
Dear Friends,
The time has come to once again discuss this very important issue. Let us do so
objectively whilst keeping in mind the UPSC and SSB's objections to the
qualification of writers.
Just to recap.
1. We had a meeting in Feb. 2008 with the ministry and the minutes were
recorded and nothing further happened for many years apart from individuals
getting reliefs from different courts on a case to case basis.
2. Certain senior memmbers of this group approached the CCPD and Ministry in
2012 and submitted the representation copied below.
3. I am not sure whether CCPD issued the 2013 guidelines taking into
consideration the representation of 2012 or only considered the representation
and minutes of 2008.
4. Many VI candidates appearing for the UPSC 2014 have represented toUPSC
that the Preliminary examination should be with the candidate's writer while
the Main examination should be with UPSC's writer. They have a valid point but
then the SSB feels that its exam should be with the SSB's writer. If this goes
on and if any concession is made for any Examiner then we are back to pre-2006
situation.
5. We have 2 routes open at the Meeting that is to be held this week-
one stick to the 2013 guidelines and wait till UPSC blinks and back to court.
or be practical and give some concession on the qualification of a writer.
Both positions are correct. Both positions are vulnerable and we have to be
realistic and vigilant.
Whatever is the advice of this group I will be carrying to Delhi. I have always
share the issues and have always gone with the majority opinion. This has been
my baby since 2006 when I first got guidelines for Maharashtra.
Waiting for a detailed discussion.
Copying below the 10 page representation that was submitted in 2012. Can we
find a compromise between 2013 guidelines and 2012 representation?
Annexure A
Uniform Guidelines for Conducting Examinations (Practicals and/or Theory) for
Blind and Low Vision Persons
Purpose:
These guidelines are being issued by the Ministry of Social Justice and
Empowerment, Government of India on the basis of the state's legal obligations
towards persons with disabilities. More specifically, obligations and rights
enshrined in the Constitution of India, the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995 and the
Right to Education Act, 2009. These guidelines are also in alignment with
India's obligations under the United Nations Conventions on the Rights of
Persons with Disabilities (UNCRPD), 2006 guaranteeing all human rights and
fundamental freedoms at the place of study and work. It will, hence, apply to
all examining authorities and examinations/tests in India.
These guidelines need to be understood in the spirit of seeking to provide the
appropriate reasonable accommodation and opportunity to blind and low vision
candidates to effectively participate in the examination process. The examining
authorities may further interpret the guidelines to help blind and low vision
persons to be able to give their exams freely and fairly. Rigid interpretation
which tends to be disabling needs to be avoided. In all interpretation, the
onus needs to be given to making the examination process conducive and
barrier-free for the candidate.
Further, these guidelines have to be seen as an evolving set of rules which
will be reviewed and built upon on a periodic basis. They aim to encourage
multiple methods of taking exams such as Braille, computers, adaptive
technologies etc. based on varied candidate needs rather than restrict the
heterogeneous group within a single format. These guidelines are aimed at
increasing the opportunities available to blind and low vision persons and make
the process of exam-taking by them widely known and understood to all
stakeholders.
These guidelines are being framed for blind and low vision persons
specifically. The Ministry or examination bodies can borrow the same for other
persons with disabilities as also for temporary disabling and limiting
conditions with additional specification that will need to be made for other
situations.
Guidelines
Guideline 1: Definitions
For the purpose of these guidelines,
1. "Blind Person" means a person having the condition of blindness, as
defined
under the existing national disability laws enforced from time to time.
2. "Person with low vision" means a person having the condition of low
vision
as defined under the existing national disability laws enforced
from time to time.
3. "Disability Certificate" means a certificate issued by a competent
authority as
defined under the existing national disability laws enforced from time to time.
Guideline 2: General Principles
1. These guidelines are applicable across India to all examination
authorities,
educational bodies, schools, colleges, universities, competitive exam bodies,
internal/promotional exams and any other exam/test-taking institution that
conducts an exam/test within the geographical limits of India.
2. These guidelines apply to theory, practicals and multiple-choice
examinations; both paper tests as well as electronic examinations.
3. The facility of scribe/reader/lab assistant is permitted to any blind and
low vision person.
4. The Examination authorities need to ensure that no candidate with
blindness or low vision will be discriminated against from an equal and fair
examination-taking process due to fear of malpractice, additional cost or
inconvenience. It will remain the responsibility of the examination body to
ensure appropriate invigilation, provide for appropriate finances and resources
to create an accessible examination taking process for blind and low vision
candidates.
5. The candidate will not be asked to bear any extra cost or fee to avail of
accessible examination services.
6. To ensure lack of undue inconvenience, an existing valid disability
certificate should be accepted across the country as proof of disability. The
examination authority is not to ask for any additional disability inspection or
examination.
7. The examination/test-taking authorities need to widely and appropriately
publicize these guidelines to all relevant stakeholders.
Guideline 3: Use of Scribe/Reader/Lab Assistant
1. The candidates can opt for their own scribe/reader/lab assistant or
request the examination body for the same. The candidates' preference for the
same will be recorded by the examination authority at the time of filling up
the application form for the examination or at the time of admission
registration form or as a separate application system set up by the examination
authority as may be most feasible.
i. If the candidate is bringing their own scribe/reader/lab
assistant, the application procedure needs to be completed by the candidate at
least one to three weeks prior to the commencement of the examination. The
candidate at the time of application to submit any one of the scribe/reader/
lab assistant's most readily available bona fide proof (college or school or
employer ID/bona fide certificate/mark sheet) along with a self declaration on
a plain paper from the scribe/reader/lab assistant saying that the information
provided by him/her is true and he/she meets the eligibility of the
scribe/reader/lab assistant for the said examination and he/she won't indulge
in examination malpractice.
ii. In case of the candidate requesting the examination
authority for a scribe/reader/lab assistant, the said needs to be intimated to
the examination authority minimum three weeks prior to the examination.
2. Whether a scribe/reader/lab assistant is brought by the candidate or
being provided by the examination authority, the following criteria must be met:
i. Fluency in reading and writing in the language of the test
being taken
ii. Fluency in reading and writing of the subject matter of the
test
iii. Speed of writing with legible handwriting
iv. Efficiency in use of computer, in case it is a computer test
It shall be the responsibility of the examination authority to ensure that no
malpractice takes place through effective supervision. The quality of the
scribe cannot be compromised at the fear of malpractice.
3. The examining body to maintain a panel of scribes/readers/lab
assistants at the
District/Division/State level as per the requirements of the examination. A
scribe/ reader/lab assistant provided by the examining body needs to fulfill
the criteria as listed in point 3.2.
The examination authority to organize for the candidate to meet the scribe/
reader/lab assistant within one week prior up to the date of the examination
based on the convenience of the candidate.
The candidate shall reserve the right to make an appeal to the concerned
authority of the examination body in case he/she finds the scribe/reader/lab
assistant does not meet the criteria as specified in point 3.2.
4. In case of candidate bringing their own scribe/reader/lab assistant the
following criteria will apply:
i. For all examinations and tests up to Standard 8- it would be
incumbent on the school authorities to create a panel of scribes/readers/lab
assistants (from other teachers, parents or community members who could be part
of the scribe/reader/lab assistant pool). The examination authority has to
provide a scribe/reader/lab assistant unless the candidate makes a specific
request that he/she will arrange a scribe/reader/lab assistant on one's own.
Upon making such a request, the candidate will be allowed to use their own
scribe/reader/lab assistant meeting the criteria laid down in point 3.2. There
will be no other criteria of age/education. The school has to ensure proper
invigilation as at a school level it is impractical for younger students to be
writers. A Standard 3 child cannot be expected to function as a writer for a
Standard 4 child.
ii. For all examinations from Standard 8 up to post graduation, if the
candidate and scribe/reader/lab assistant are of the same stream, the
educational qualifications of the scribe/reader/lab assistant should be one
year below that of the candidate. This means that if the student is appearing
for a Second Year Arts/Humanities examination, if his scribe/reader/lab
assistant is from the Humanities/Arts stream, the scribe/reader/lab assistant
can be up to the First year. However, this condition will not be applicable if
they are of different streams. That is, if a Second Year Arts/Humanities
student uses a scribe/reader/lab assistant from the B.Sc/Science stream the
scribe/reader/lab assistant can be from a higher year (Third.Year.Science/
Masters in Science etc.) as well. Apart from this, no other restrictions such
as marks obtained by the scribe/reader/lab assistant are to be imposed.
iii. In all other examinations such as all competitive examinations, all job
examinations, the scribe/reader/lab assistant will be one year below the
qualifying year for the examination but not less than/minimum of Standard 10.
i.e. in all cases where the eligibility for the examination is less than
Standard 10, a scribe/reader/lab assistant up to Standard 10 will be permitted.
Apart from this, no other restrictions such as marks obtained by the
scribe/reader/lab assistant are to be imposed.
iv. In cases where, if following rule 3.4.ii and 3.4.iii does not allow the
writer to meet the minimum eligibility criteria as laid down in point 3.2, the
candidate will be allowed to use writers of appropriate higher years to ensure
fluency in reading and writing the subject. The examination authority to
process these requests on a need basis. For e.g., in case of a foreign language
paper a junior class student may not have fluency in reading the paper at hand,
in which case, a same year student or higher year student be permitted with
proper invigilation.
5. The candidate is permitted to take more than one scribe/reader/lab
assistant for writing different papers in an examination cycle and also for
different papers in a single day examination.
6. In case of emergency situations, there will be flexibility in
accommodating any last-minute change in scribe/reader/lab assistant. For any
last-minute change, the candidate can bring a new scribe/reader/lab assistant
with any of their most readily available bona fide proof (college or school or
employer ID/bona fide certificate/mark sheet) and a letter from the
scribe/reader/lab assistant saying that the information provided by him/her is
true and he/she meets the eligibility of the writer for the said examination.
For emergency situations, the examination bodies will also, at all times, keep
a pool of scribes/readers/lab assistants that can be utilized. The examination
authorities' scribe/reader/lab assistant's eligibility is only to be measured
as per point 3.2 and hence, it would be easy for the authorities to keep a pool
of qualified teachers/supervisors etc. who can come in for an emergency.
Guideline 4: Mode of Taking Examination
1. Blind and Low Vision persons will be given the option of choosing the
mode for taking the examinations i.e. use of writer/scribe, Braille, using the
computer or in large print or by recording the answers.
2. The candidate will also have the option of selecting a question paper
in alternative formats - Braille, large font, electronic copy (latest
accessible copies such as Unicode, HTML, RTF, ePUB etc. should be provided).
Large font specification needs to be mentioned by the candidate. A maximum font
size of 20 can be requested for.
3. The candidates' preference for the same will be recorded by the
examination authority at the time of filling up the application form for
examination or at the time of admission registration form or as a separate
application system set up by the examination authority as may be most feasible.
4. The examining body to provide reading material in Braille or accessible
E-Text or large and bold font or on computers having suitable screen reading
softwares for open-book examinations. Similarly, online/computer examinations
should be in accessible formats i.e. websites, question papers and all other
study material should be accessible as per the accessibility standards laid
down in this regard.
Guideline 5: Computer Assisted Examination
1. To enable a person with blindness or low vision to write his/her own
examination using a computer, the following need to be provided by the
examination centre to the candidate:
i. A computer loaded with a screen
reading software and screen Magnification software.
ii. The configuration of the computer
should not be less than the installation requirements of the screen reading
software and screen magnification software.
iii. The computer must have a functional
sound card.
iv. A headset needs to be provided to
the user. Candidates should be allowed to bring their own simple headsets.
v. The computer needs to be
completely free of virus.
vi. A Word Processing software needs to
be provided on the computer.
2. The candidate should be allowed to bring their own keyboard that could
be attached to the computer at the examination centre.
3. The candidate should be able to use their preferred assistive
technology on the computer provided by the examination centre. If the
examination centre is not able to provide the assistive technology preferred by
the candidate, the candidate should be allowed to bring his/her own assistive
technology. This may be installed by the person designated by the examination
centre at least one day prior to the examination.
4. UPS /invertors for back-up support must be installed and connected at
the centre. Enough power back-up needs to be provided for the examination
centre.
5. Two printers may be kept for taking the final print-outs of the answer
sheets. Assistance to take print-outs of the answer sheets needs to be provided
by the examination centre.
6. The candidates should be allowed to check the computer system on the
day before the examination so that they can familiarize themselves with the
computer and assistive technology installed on them. They should be allowed to
make necessary configurations in the assistive softwares and the user interface
if they feel that it will increase their efficiency. If the candidate is not
happy with the functioning of the computer, then he/she should be allowed to
check another computer system.
7. If the examination is a skill test only i.e. typing test, then the
candidate should be allowed to bring his own computer if he/she is not
satisfied with the computer available at the examination centre.
8. The candidates should be allowed to install any specific technology
which they possess which they find essential to access the basic word reading
programme and carry out proofreading.
9. On the day of the exam, access to the computer is to be given at least
30 minutes before the start of the examination.
10. A soft copy of the question paper in an accessible format such as
HTML/RTF/TXT/DOC/DAISY/ePUB should be provided at the start of the examination
and copied to the computer being used for examination. The soft copy of the
question paper cannot be provided in DTP software format or in PDF format as
these are not compatible with screen reading software. If question papers
cannot be provided in an accessible digital format or in a preferred
alternative format such as Braille, then the examination centre needs to
provide a reader to read the question paper for the candidate.
11. If the examination is being administered through a computer software then
the compatibility of the software with screen reading software and usability
without mouse must be ensured beforehand.
12. The candidate should be asked to save his work at regular intervals. It
will be the responsibility of the candidate to hand over his work to the
examiner at the end of the stipulated time of the examination.
13. In case of power failure, the time of power failure is to be noted and the
same amount of time augmented in the end time of the paper.
14. The candidate should be given a choice in the use of keyboard layouts for
Indian language typing. If the preferred keyboard layout is not installed, the
candidate should be given the opportunity of installing softwares for
activating the desired keyboard layout.
15. Extra time need to be provided to the candidates similar to the time
provided to the candidates giving examinations with the help of writer
16. At the end of the examination, the work done by the candidate should be
printed on official stationery. This should be treated like any other answer
sheet and all necessary information such as candidate's roll number, name of
the examination & paper; number of pages used etc. should be marked.
17. After making sure that the complete answer sheet has been clearly printed
on paper, the computer files may be deleted. In case of practical exams, the
computer files may need to be preserved for evaluation.
Guideline 6: Alternative Questions
In case of visual-based questions, all question papers must have built-in
alternative text based non- visual questions. However, the candidate will have
the freedom to opt for the visual questions, if they so choose. There are
already examination bodies such as the CBSE board following this.
Guideline 7: Compensatory Time
Compensatory time of minimum 20 minutes per hour of examination will be granted
for persons who are making use of a scribe/reader/lab assistant. This will hold
true for both theory and practical examinations. All the Blind and Low Vision
persons not availing the facility of scribe will also be allowed the
compensatory time of minimum 20 minutes per hour.
Guideline 8: Use of Assistive Devices
1. The candidates will be allowed to use assistive devices like talking
calculators and other assistive electronic/mechanical equipments (in cases
where calculators/parallel equipments are allowed for giving exams).
2. All Blind and Low Vision candidates will be allowed to use educational
assistive tools. For e.g., optical and digital magnifiers, Taylor frame,
Braille slate, Abacus, Braille geometry kit, Braille log books, Braille
measuring tape etc., which are merely enabling tools.
Guideline 9: Practical Examination
1. For practical examinations the candidate be permitted to use a lab
assistant to make observational recordings, wherever required. The
qualification rule of the lab assistant will be the same as per guideline 3
above.
2. For practicals and experiments, the Blind and Low Vision students be
allowed to use material converted, wherever possible, into accessible formats
such as tactile diagrams, large font and expanded size diagrams, Braille,
accessible equipments etc. The same will be worked on and be made available by
the examination authorities who may consult experts in the field of visual
impairment.
3. Blind and Low Vision candidates will be allowed to feel objects and any
other practical apparatus for identification and any other purpose of the
examination.
4. If any experiment contains visual content to a large extent, the
student will be examined on that experiment or that aspect of the experiment
through a viva. The competent authority, after consultation with appropriate
agencies on visual impairment, will specify the experiments in the syllabus
which involve visual content to a large extent for the information of the Blind
and Low Vision student and the examiners. The said information will be
specified in the syllabus published and practical manuals published at the
beginning of the year itself.
5. Practicals on computer programs need to be made accessible with a
screen reader/magnifier/refreshable Braille and suitable assistive technology
program.
6. Blind and Low Vision students should be allowed to use Braille or a
word processor program to type his/her journals and then print-outs can be
either filed as a journal or they can be pasted in a regular journal. In the
absence of a computer facility, the student will be allowed the use of an
assistant to write the journal. No criteria will apply to who the assistant
will be as this is out of class work.
7. Blind and Low Vision students will be exempted from drawing diagrams in
the journal. For Low Vision students who are comfortable drawing diagrams, they
may be permitted to do so. For students not drawing diagrams, in place of the
diagram, a description of the same will be written. If the student wishes,
he/she may attach any tactile diagrams used by him/her to study. For the
purpose of evaluation, the marks for diagrams will be compensated by the
written explanations.
8. As far as possible, the examination authority to conduct accessible
practicals as per the method listed in points 9.1 to 9.7. In situations where
accessible practicals cannot be conducted, the said examination to be replaced
by a viva or multiple-choice questions or any other method found suitable by
the examination authority.
Guideline 10: Administrative requirements
1. Proper seating arrangement to be made prior to the commencement of the
examination to avoid confusion or distraction on the day of the exam. For
candidates using scribes, adequate spacing between candidates should be
provided.
2. Proper lighting needs to be ensured for Low Vision candidates including
permission to bring their own lighting, in which case, suitable power
connection needs to be provided.
3. The time of giving the question papers should be marked accurately and
timely supply of supplementary papers should be ensured.
4. The examination authority to organize for appropriate power back-up for
all assistive devices at the examination taking time.
5. The question papers and answer papers will have rules related to extra
time, exemption of visual questions and use of scribe printed on them. The
answer paper will have a marking spot that specifies candidate with visual
impairment. This is to avoid any confusion for the supervisor and evaluator in
appropriately checking and marking.
6. Scribes/readers/lab assistants will be eligible for fees to be provided
by the examination authority as per the rates of the invigilators. In addition,
the scribes/readers/lab assistants will also be paid a TA, as decided by the
examination authorities or Rs. 100, whichever is higher. The said fees have to
be disbursed on the same day as the examination. This fee amount is a per-paper
fee.
7. Each examination authority to designate the necessary points of
contacts at the central authority level as also at the examination centre
levels. These designated authorities to be responsible for processing requests
of the Blind and Low Vision students and addressing concerns/grievances,
providing services and ensuring appropriate implementation of these rules. The
contact information of the said officers needs to be published in all
application/admission forms, advertisements, brochures, website, directories
and any other suitable places.
In case of refusal/denial of any service or accommodation, the said designated
authority, both at the central as well as the examination centre level, is
mandated to provide a written reply to the candidate for the refusal of the
same.
8. The said guidelines will be reviewed on a 5-yearly basis to keep up
with new technologies and services available in the field as also advances in
the educational systems. The review will be conducted by the Ministry of Social
Justice and Empowerment in consultation with all relevant stakeholders.
Kanchan Pamnani
Advocate & Solicitor
9, Suleman Chambers,
Battery Street, Colaba,
Mumbai - 400 039.
________________________________
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