Wednesday, May 2, 2012

Delhi High Court strikes down arbitrary Writer / Scribe Guidelines of ICAI

Dear Colleagues,


Please refer to my earlier post titled  ICAI imposes arbitrary Writers / Scribes Conditions for Students with Disabilities to know the background.

In the instant case, the examinees with disabilities of Institute of Chartered Accountants of India (ICAI), who were due to write their exams tomorrow onwards i.e. 03rd May 2012, received  the Admit Card and impugned writer guidelines on 26th April 2012, just days before the examination with weekly holiday in between. Despite the fact that this guideline titled; “Guidelines and Procedure to be followed regarding granting of Writer/ Extra Time to the Differently Abled Candidates” was finalized by the Examination Committee in its January 2012 meeting, the same was never put up on the website while there exist detailed instructions for examinees taking CA exams this year.

The examinees found these guidelines discriminatory and arbitrary and against the settled norms of writer guidelines.  This amounted to discouraging the students with disabilities from appearing in the forthcoming exams. The examinees immediately contacted the Addl Secretary (Exam) who told the candidates that he could not do anything since this was the decision of the Examination Committee taken during January 2012.

The examinees then contacted the author seeking help in resolving this issue so that they could appear in the examination with a proper writer.  It is pertinent to mention that the examinees with disabilities fearing retribution from the ICAI did not want to come out in open against the Institution.  The author also telephonically contacted the Addl. Secretary above, but he only promised that “he will look in to it”.

Sensing the non-serious attitude of the officer, the author immediately filed a complaint before the Chief Commissioner- Disabilities on 27th April 2012 seeking an urgent intervention in view of the exam starting 03rd of May 2012.

The Dy. Chief Commissioner, having verified the facts and the documents on record, immediately sent his order dated 30.04.2012 by email & Fax to the ICAI directing them to remove the unreasonable conditions for the writer to be used by candidates with disabilities and sought an action taken report by email/fax. 

The author has been following up since then with the ICAI but to no avail. The Institute  neither gave any assurance nor  withdrew the impugned guidelines.

Since no student was ready to come forward in open against the mighty Institution set up under an Act of Parliament in 1949 and the second largest accounting body in the whole world, the author was forced to become petitioner in an urgent "public interest litigation" filed before the Delhi High Court yesterday morning praying quashing of the impugned guidelines and staying the examinations/ making proper arrangements for the conducting examinations of persons with disabilities who may be using the writers/ scribes based on the earlier guidelines in the interest of justice. I must thank my associate Pankaj Sinha, a visually challenged lawyer at Human Rights Law Network for arguing the matter before the Hon'ble Court.

The double bench of Hon'ble Chief Justice Shri. AK Sikri and Hon'ble Justice Rajiv Sahai Endlaw directed the Institute to relax all three impugned conditions i.e.
  • Writer to be not more than 20 years, 
  • Only one writer to write all exams and lastly 
  • relative can not write the exams.
The Hon'ble court also verbally asked the media people present in the court to give wide coverage to this issue in national dailies so that it reaches all affected students and their families. 

Respecting the autonomy of the Institution, the Hon'ble Court clarified in its order,  "This order is only applicable for the current examination (May 2012 Exam.) and the Examination Committee of the ICAI  who is meeting to discuss this issue on 13 May 2012 will be entitled to take its own decision after considering the difficulties pointed out by the petitioner in this petition. This petition shall also be placed before the Examination Committee and treated as representation of the petitioner and the aforesaid arrangement made by us for the present examination would not be reflective of any final opinion in this matter."

At the same time, it also addressed the fears of the petitioner by ordering, "We make it clear that in case any amendments in the Guidelines are made by the respondent ICAI pursuant to the recommendations of the Examination Committee and the petitioner still feels aggrieved thereagainst, it would be open to the petitioner to approach the Courts again."

Documents available for Download

I am providing following documents that may come handy for parents, fellow activists and students to take up similar matters of discrimination before various forums.

(a)  Copy of Order of the Chief Commissioner -Disabilities in   PDF File.

(b)  Copy of the PIL Petition to the High Court of Delhi (Brief)  in PDF File 

(c)  Copy of the Judgement of the Hon'ble High Court in PDF File

Reflections of Stakeholders

Since morning I have been receiving thank you messages from parents, relatives, students, NGOs for this relief from the court of Hon'ble Chief Justice. Many parents while talking to me on phone broke down and expressed that they were feeling very helpless since they couldn't do much against the Institution in such a short span when three days before the exam it hands them such whimsical guidelines aimed at discouraging their wards to appear for the exams. I want to say to all such parents, affected persons not to accept injustices quietly. Please raise your voice. We have a very supportive Chief Commissioner- Disabilities as well as Judiciary (High Court) to ensure that justice is rendered to the needy, provided their doors are knocked in time.

Acknowledgments

I want to take this opportunity to thank  Shri TD Dhariyal, the Dy. Chief Commissioner- Disabilities and his desk officer Shri. Rajeev Malhotra, for being prompt in verifying the matter and issuing an immediate order to the ICAI and constantly following up the matter at my request. I also want to thank Mr. Pankaj Sinha, from HRLN for mentioning this matter out of turn before the Hon'ble Chief Justice at my request and then arguing the matter before the court successfully.

Media Coverage




HC asks ICAI to relax norms for disabled
TIMES NEWS NETWORK 

New Delhi: The Delhi high court on Wednesday directed the Institute of Charted Accountants in India (ICAI) to relax conditions for disabled candidates appearing for the CA examination that began on Wednesday. 

 While hearing a PIL seeking quashing of fresh guidelines of the ICAI for the examinees with disabilities appearing for this year’s CA examination, a division bench of acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw directed the institute to allow a relative of a disabled candidate to act as a writer during the examination. 

The court, however, said the writers for disabled students should not be from commerce background. In its order, the court also directed ICAI, which conducts the examination, to allow the examinees to change the writer throughout the examination that will last till May 17. 

Making it clear that this court’s order is only for this year’s examination, the bench asked the Examination Committee of ICAI to consider the issue and make necessary amendments in the guidelines for the examinations in future.

Other Coverage:












No comments: