Kanchan mam and other listers There are certain issues which need to be flagged in the public. It would help you and Mr Rungta and others to take this issue forward to its logical conclusion. As far as I know,the former CCPD before relinquishing the office had given his formal approval for reviewing the guidelines. As a consequence as he left the office, the department buckled under the pressure and capitulated before the UPSC. Moreover I wonder if the office of CCPD is a statutory body then how come disability department had asked the same office to submit the report on its own order. Isn't it ironical? and who will go to court? Anyway,I'm not a practicing lawyer just a student read law just for fun. And this development should provoke us to contemplate the serious ramifications. Is the office of CCPD enjoys freedom from bureaucratic pressures and pulles exerted by the babudom and the netas? And how to achieve independent NCPD in the RPD Bill on line of other commissions.
Secondly, objections raised by the UPSC and others should be studied and responded in the larger context. I mean the disability department, while amending/reviewing the guidelines can't remain oblivious to the fact that the AIPMT and UPPSC leaks have tarnished the image of exam conducting agencies. as per the reports published in several dalies today, The Apex Court has orderd to reconduct AIPMT exams in which more than 5 lakhs students will reappear once again. In the light of ever growing exposures of paper-leaks and use of technology for cheating, everybody is concerned about how to strengthen the invigilation. However in the matter of disabled examinees government is adopting different approach and questioning examinees' competence. In fact we have reached to a low point that all competitive exams are marred with loopholes and one's faith in these exams is on the decline. Amidst all this, I am also of the firm belief, lets lobby for tight invigilation nothing else. On 6/16/15, Kotian, H P <hpkot...@rbi.org.in> wrote: > > 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. > > > > ________________________________ > Caution: The Reserve Bank of India never sends mails, SMSs or makes calls > asking for personal information such as your bank account details, > passwords, etc. It never keeps or offers funds to anyone. Please do not > respond in any manner to such offers, however official or attractive they > may look. > > Notice: This email and any files transmitted with it are confidential and > intended solely for the use of the individual or entity to whom they are > addressed. If you are not the intended recipient, any dissemination, use, > review, distribution, printing or copying of the information contained in > this e-mail message and/or attachments to it are strictly prohibited. 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