Delhi High Court - Orders
Hoor Anisbhai Jinwala vs National Testing Agency And Ors on 8 January, 2026
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6546/2025
HOOR ANISBHAI JINWALA
.....Petitioner
Through: Ms. Sarah, Adv.
versus
NATIONAL TESTING AGENCY AND ORS
.....Respondents
Through: Dr. Vijendra Singh Mahndiyan, CGSC
Mr. Sanjay Khanna SC, Ms. Pragya Bhushan, Ms.
Vilakshana Dayma, Mr. Akshat Chauhan, Ms.
Anshu Kumari, Advs.
Mr. Anshuman Sharma Mr. Kartikey Kumar, Advs.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 08.01.2026
1. This is a writ petition filed under Article 226 of the Constitution of India, seeking the following prayers:-
"A. Direct the Respondent No. 1 to allow the Petitioner to appear in the upcoming UGC NET June 2025 examination using a computer system with screen reading software, along with compensatory time, exemption from solving graphical questions, accessible question papers and other reasonable accommodations during the exam as per the Guidelines for conducting written examination for persons with benchmark disabilities 2018;
B. Penalise the Respondents under section 89 of the Rights This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/01/2026 at 20:33:43 of Persons with Disabilities Act, 2016 for contravention of provisions of the Act, the Rules, and for failure to implement the established Guidelines for conducting written examination for persons with benchmark disabilities 2018 to date; C. Direct the Respondent No. 1 to modify the application form and registration portal to capture the specific accessibility needs and reasonable accommodations the candidates may have in line with the Rights of Persons with Disabilities Act, 2016;
D. Direct the Respondent No. 1 to make its examination portal, website, information bulletin, public notice, admit card, question papers, application form, and all other resources fully accessible and compatible with the Rights of Persons with Disabilities Act, 2016, the Rights of Persons With Disabilities Rules, 2017 and the accessibility standards issued thereunder; E. Direct Respondent Nos. 2 and 3 to issue an advisory to all examination bodies to implement the Guidelines for conducting written examination for persons with benchmark disabilities, 2018 in letter and spirit and create a monitoring mechanism to ensure compliance with accessibility standards;"
2. Ms. Sarah, learned counsel for the petitioner, states that the petitioner is aged about 24 years and is a person with disability in the form of 100% blindness.
3. The respondent No.1 is a testing agency, which conducts UGC NET and various other competitive examinations. Particularly, the UGC NET examination is conducted by the respondent No. 1, twice a year in the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/01/2026 at 20:33:43 June and December cycles.
4. The petitioner is requiring a computer system with screen reading software, and accessible formatting for question papers, to be able to attempt the examination independently and smoothly.
5. The petitioner made several representations before the respondent No.1 through multiple emails time and again, but to no avail. The petitioner also made a formal complaint before the Chief Commissioner for Persons with Disabilities ("CCPD"), subsequently CCPD issued a notice dated 21.11.2024 directing the respondent No.1 to allow the petitioner to appear in the upcoming UGC NET Examination using a computer system with screen reading software and submit an action taken report. However, the respondent No.1 did not comply with the aforesaid directives of CCPD. Hence, the present writ petition.
6. Mr. Khanna, learned Standing Counsel for the respondent No.1 draws my attention to the counter affidavit as well as the relevant figures to state that the respondent No.1 is sensitive to the needs of the petitioner and all candidates with special needs. However, there are some complexities involved in providing computer screen reading software as the same is to be provided by a specialised agency and the respondent No.1 has already contracted with various service providers in this regard.
7. He further states that in the aforesaid exam, there are 85 subjects in both English and Hindi (except for language papers) and the respondent No.1 is currently in the process of developing the software.
8. I have heard the learned counsels for the parties.
9. In the present case, the Office Memorandum dated 29.08.2018 issued by the Department of Empowerment of Persons with Disabilities This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/01/2026 at 20:33:43 (Divyangjan), Ministry of Social Justice and Empowerment, Government of India, is crucial and clause VIII of the same reads as under:
"VIII. Persons with benchmark disabilities should be given as far as possible, the option of choosing the mode for taking the examinations i.e. in Braille or in the computer or in large print or even by recording the answers as the examining bodies can easily make use of technology to convert question paper in large prints, e-text, or Braille and can also convert Braille text in English or regional languages."
10. A perusal of the abovementioned clause VIII, shows that the examining bodies are required to make use of the technology including computers to make the examination process feasible, simple and convenient for the persons with disabilities.
11. The Hon'ble Supreme Court in Writ Petition(s) (Civil) No(s). 785/2024 titled "Yash Dodani & Ors. vs. Union of India & Ors." has observed as under:-
"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 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/01/2026 at 20:33:43 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."
12. Relying on the clause VIII of the Office Memorandum dated 29.08.2018 and the order of the Hon'ble Supreme Court passed in Yash Dodani (Supra) dated 11.12.2024, it is hereby directed that the respondent No.1 shall ensure that the petitioner is provided with a computer with JAWS or NVDA or any other compatible screen reading software in English This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/01/2026 at 20:33:43 subject i.e. the subject of the petitioner, in the next cycle of examination proposed to be held in June, 2026.
13. In case the petitioner is not provided with the aforesaid computer software, the petitioner will be entitled to revive the petition and appropriate proceedings will be initiated.
14. The respondents shall also provide a scribe to facilitate the petitioner to reach the computer screen. Additionally, the scribe may also be present as a back-up.
15. The petition is allowed and disposed of in the above terms.
JASMEET SINGH, J JANUARY 8, 2026 / (MS) This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/01/2026 at 20:33:43