The Supreme Court has issued guidelines to ensure that visually impaired candidates have a fair opportunity to take the AIBE.
The Supreme Court issued new guidelines today to ensure that visually impaired individuals have a “meaningful and effective opportunity” to take the All India Bar Examination later this month. These guidelines, directed at the Bar Council of India (BCI), which organizes the exam, include providing paid screen reading software at the BCI’s expense. This decision came during a hearing of a Writ Petition from three visually impaired candidates, two of whom were frustrated by the BCI’s lack of response to their questions about available facilities. Recently, on December 3, the BCI had allowed visually impaired candidates to take the exam on a computer, but restricted them to only reading the questions and required them to use a scribe for their answers.
A two-Judge Bench, consisting of Justice Surya Kant and Ujjal Bhuyan, instructed the BCI to allow the use of the suggested paid screen reading software, Job Access with Speech, and to let candidates use their own keyboards or laptops. They also ordered that candidates should be able to answer questions directly on the computer instead of relying on a scribe. Additionally, the Bench mandated that all necessary preparations for the exam setup be completed a day before the exam, rather than the two hours previously stated by the BCI. After the Order was read, Advocate Rahul Bajaj, representing the Petitioners, requested clarification that candidates could use any screen reading software they preferred, as not everyone might afford the suggested paid option. Justice Surya Kant responded that it would be provided “at the cost of BCI.” Although the BCI’s counsel objected, Justice Kant dismissed the argument about funding, stating, “Ultimately, where do you get funds from? From lawyers only… Whatever you spend, you will recover.”
Earlier in the hearing, Justice Kant remarked that there is plenty of money available, stating, “The Bar Council of India has an abundance of funds. They are just looking for reasons not to spend. We know this is true. Whatever is requested, you should provide it within two days.” Rahul Bajaj pointed out that the BCI had already agreed to their request for soft copies of Bare Acts for visually impaired candidates. Since 2021, the BCI has permitted the use of Bare Acts during the AIBE. Regarding the requirement to mark answers only through a scribe, the Petitioners argue that being able to mark their own answers gives them better control and reduces the chance of mistakes made by the scribe. “We want to do it on our own,” emphasized Rahul Bajaj.
The Petitioners referenced an August 2018 circular from the Ministry of Social Justice & Empowerment, titled ‘Guidelines for conducting written examination for Persons with Benchmark Disabilities.’ This document states that if a person with a benchmark disability is allowed to use a computer for the exam, they should be able to check the system a day in advance to fix any software issues. The guidelines also specify that while personal computers or laptops cannot be used for the exam, assistive devices like keyboards and customized mice should be permitted. The Court acknowledged these guidelines in its Order today.
Cause Title: Yash Dodani v. Union of India [W.P.(C) 785/2024]
