Week of 25th to 29th November 2024
Mission Accessibility (MA) continued its commitment to advancing the rights of persons with disabilities (PwDs) and other marginalized groups. Here is a comprehensive overview of this week’s legal proceedings and advocacy efforts.
Disability Rights Work
Supreme Court: Accommodations for Visually Impaired Students (25th November 2024)
The Supreme Court heard a writ petition filed by MA on behalf of three visually impaired students seeking equitable accommodations for the All India Bar Examination (AIBE) and CLAT-PG exams.
Relief Granted: The Court permitted one petitioner to use a non-law undergraduate scribe with a humanities background for the CLAT-PG exam.
Opposition by the Consortium: The CLAT Consortium attempted to impose further restrictions, including excluding scribes from BBA backgrounds due to their exposure to contract law. MA opposed these limitations, arguing that such conditions reflected unwarranted suspicion about disabled candidates. The organization proposed strict invigilation as a safeguard against malpractice.
Pending Decision: The Court directed the Bar Council of India to decide on the remaining petitioners’ request to use computers for the exams favorably, warning of judicial intervention if necessary.
Bombay High Court: NEET-PG Admission Denial (25th November 2024)
MA represented a visually impaired NEET-PG candidate denied admission to a postgraduate medical course. MA highlighted the Om Rathod judgment, which sets precedents on disability rights in education.
The Court directed the candidate’s reassessment by Dr. Satendra Singh to evaluate her eligibility for postgraduate medical studies.
Tuesday Hearings: 26th November 2024
Disposal of Property of Unsound Minded Persons
In a matter concerning the management and disposal of property owned by a person with unsound mind, MA appeared on behalf of the Property Manager.
Systemic Implications: MA submitted that the Department of Empowerment of Persons with Disabilities (DEPwD) should be involved due to the broader implications of the issue.
Court Directions: The Supreme Court directed the Union of India to obtain instructions from the DEPwD and submit an affidavit before the next hearing.
Reassessment of Hearing and Speech-Impaired MBBS Candidate
MA represented a hearing and speech-impaired student denied admission to MBBS under the disability quota.
Controversial Medical Report: A newly traced medical report concluded that the candidate’s hearing impairment was negligible, contradicting his disability certificate. It also recorded a 39% speech impairment, which disqualified him from reservation benefits requiring a minimum 40% disability.
Next Steps: MA intends to challenge the findings at the next hearing on 3rd December 2024.
Recruitment of Visually Impaired Judicial Officers
In suo motu proceedings concerning the recruitment of visually impaired judicial officers, the Supreme Court renotified the matter for a future hearing.
Fresh Petition: Accommodations for Cerebral Palsy Candidate
MA filed a writ petition on behalf of a candidate with cerebral palsy who repeatedly failed his law exams at Delhi University due to illegible handwriting caused by his disability.
Reasonable Accommodation Sought: MA argued that his answer scripts should be evaluated based on content, and appropriate accommodations should be provided to ensure fairness.
Human Rights Work
Salaries for Contractual Employees of the Delhi Commission for Women (28th–29th November 2024)
MA represented six female contractual employees of the Delhi Commission for Women (DCW) who have not received salaries since February 2024 due to an administrative dispute between the DCW and the Delhi Women and Child Development Department.
Court Intervention: The Delhi High Court issued notice to the concerned authorities and orally directed the Delhi Government to resolve the issue.
Next Hearing: The matter was renotified for 6th December 2024.