Supreme Court - Daily Orders
Arnab Roy vs Consortium Of National Law ... on 15 December, 2022
Author: Pamidighantam Sri Narasimha
Bench: Pamidighantam Sri Narasimha
1
ITEM NO.49 COURT NO.1 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 1109/2022
ARNAB ROY Petitioner(s)
VERSUS
CONSORTIUM OF NATIONAL LAW UNIVERSITIES & ANR. Respondent(s)
(FOR ADMISSION and IA No.194884/2022-EX-PARTE STAY )
Date : 15-12-2022 This petition was called on for hearing today.
CORAM : HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
For Petitioner(s) Mr. Nikhil Nayyar, Sr. Adv.
Mr. N. Sai Vinod, AOR
Mr. Abhinav, Avd.
For Respondent(s) Ms. Aishwarya Bhati, ASG
Mr. Yashraj Singh Bundela, Adv.
Mr. Aman Sharma, Adv.
Mr. shashwat Parihar, Adv.
Mr. Manvendra Singh, Adv.
Mr. Amrish Kumar, Adv.
Mr. Siddharth Aggarwal, Sr. Adv.
Mr. Arun Sri Kumar, Adv.
Ms. Pritha Srikumar, AOR
Mr. Anirudh Gotety, Adv.
Mr. Vishwajeet Bhati, Adv.
Ms. Arshiya Ghose, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1 In order to facilitate access to the CLAT which is to take place on 18 December 2022, the first respondent has, in response to a suggestion of the Court, Signature Not Verified Digitally signed by GULSHAN KUMAR prepared the following forumulation :
ARORA Date: 2022.12.15 17:02:24 IST Reason: 2“1 Pursuant to the judgment of the Hon’ble Supreme Court of India in Vikash Kumar v Union Public Service Commission and Others (2021) 5 SCC 370, the Consortium of National Law Universities (the “Consortium”) make the following reasonable accommodation for candidates appearing for the CLAT 2023 :
(i) with a specified disability covered under the definition in Section 2(s) of the Rights of Persons with Disabilities Act, 2016 (the “Act”) but not covered under the definition under Section 2(r) of the Act, i.e., persons having less than 40% specified disability, and
(ii) who have difficulty in writing.
2 Such candidates as aforesaid who have secured a government medical certificate/disability certificate indicating that they fall within the category described in para 1 above may be permitted the assistance of a scribe to write the CLAT 2023. Any such candidate may apply to the Coordinator having charge over their allotted Test Centre by email.
3 Any scribes must meet the qualification criteria for scribes set out in the Consortium’s ‘Guidelines for Persons with Benchmark Disabilities (“PwDs”) / Specially Abled Persons (“SAPs”) dated November 24, 2022.
4 The Consortium shall also provide appropriate support to those candidates with benchmark disabilities and candidates described in para 1 above who request such facilities, on a case-by-case basis, in order to complete the CLAT 2023 successfully. In the event any such candidate requires any support in this regard, they may contact the Consortium at [email protected] 5 This statement shall be circulated to all candidates appearing for the CLAT 2023 at their registered email address with immediate effect.” 2 The above statement which has been agreed upon by the first respondent during the course of hearing shall guide the conduct of the examination.
3 We direct request the first respondent to ensure that no disabled student is denied access to the ensuing examination and that all necessary facilities by way of reasonable accommodation should be provided having due regard to the 3 provisions of the Rights of Persons with Disabilities Act 2016 and the judgment of this Court in Vikas Kumar (supra).
4 The first respondent shall, by the next date of listing, place an updated status report on affidavit in regard to the subject matter of the controversy in these proceedings including the number of disabled candidates who applied at the ensuing CLAT and the facilities extended to them.
5 List on 20 January 2023.
(GULSHAN KUMAR ARORA) (SAROJ KUMARI GAUR)
AR-CUM-PS ASSISTANT REGISTRAR