Case Law Details
Yash Dodani & Ors. Vs Union of India & Ors. (Supreme Court of India)
In the case of Yash Dodani & Ors. Vs Union of India & Ors., the Supreme Court of India addressed the issue of providing equal opportunities for visually challenged candidates appearing for the All India Bar Examination (AIBE). The petitioners requested that visually impaired students be allowed to take the AIBE exam on a computer, rather than using a scribe. The Bar Council of India (BCI), in response, expressed willingness to accommodate the option of a scribe but also recognized the need for facilitating computer-based responses for candidates who preferred this method. The Supreme Court, after reviewing the issue, directed the BCI to make all necessary arrangements for visually impaired candidates to answer the exam questions on a computer if they so wished, while also allowing them the choice of using a scribe.
The Court further specified that any scribe chosen by a candidate should not have a background in humanities or law and must have an educational qualification one step below that of the candidate, in line with the Government of India’s guidelines. The ruling ensures that visually challenged candidates have a fair and accessible opportunity to take the AIBE exam in a manner that best suits their needs. The matter will be heard again on 22.01.2025 for further proceedings. This decision underscores the importance of inclusivity in examinations and provides clarity on how the BCI must comply with the Court’s directives to facilitate a fair exam process for visually impaired candidates.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
1. Heard learned counsel for the parties.
2. Vide order dated 05.12.2024, the Bar Council of India (for short, `BCI’) was directed to take necessary steps, as described in para 3 of the said order. Learned counsel for BCI, on instructions, states that point numbers (i), (ii) and (iii) of para No.3 of the above-mentioned order have been/are being given effect.
As regard to point number (iv), namely, that the candidates be permitted to answer the questions on computer instead of through a scribe, though the option to use a scribe must also be allowed by such candidates who do not want to opt to answer the questions on computer, it is stated that the BCI is willing to allow the candidates to have assistance of a scribe instead of answering the questions on computer. In this regard, Mr. Rahul Bajaj, learned counsel for the petitioners, has explained and simplified the steps required to be taken by the BCI for compliance of point number (iv), referred to above.
3. We see no impediment for the BCI in permitting the candidates to answer the questions on computer instead of through a scribe, if so desired by a candidate. Accordingly, it is directed that all necessary arrangements shall be made for the visually impaired candidates to enable them to answer the questions on computer instead of through a scribe. However, the option of scribe shall also be permitted to be exercised wherever a candidate wants to opt for it.
4. Wherever a candidate opts for a scribe, such a scribe should not belong to humanities and/or law background, and should be one step below the educational qualification of the candidate appearing in the examination, in terms of the guidelines issued by the Government of India vide Office Memorandum dated 29.08.2018.
5. Post the matter for hearing on 22.01.2025.
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