Delhi High Court
Hoor Anisbhai Jinwala vs National Testing Agency (Nta) And Ors on 4 January, 2025
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment reserved on: 03.01.2025
Judgment pronounced on: 04.01.2025
+ W.P.(C) 17617/2024
HOOR ANISBHAI JINWALA .....Petitioner
Through: Mr. Rahul Bajaj, Mr. Habib Muzaffar,
Ms. Shehreen Gauri, Advs.
versus
NATIONAL TESTING AGENCY (NTA) AND ORS .....Respondents
Through: Ms. Pankhuri Shrivastava, Mr.
Alekshendra Sharma, Advs. for R-1
with Mr. Rajesh Kumar, Deputy
Director(Exams), NTA
Dr. Vijendra Singh Mahndiyan,
CGSC for R-2
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
TARA VITASTA GANJU, J.
CM APPL. 74915/2024
1. The present Petition has been filed by the Petitioner seeking directions
for the grant of facilities including the facility of a scribe, compensatory
time and exemption, in compliance with the guidelines for conducting
written examination for persons with benchmark disabilities dated
29.08.2018 issued by Department of Empowerment of Persons with
Disability [Divyangjan] [hereinafter referred to as “DEPwD guidelines”].
This is an Application for interim relief seeking directions to be issued to the
Respondent No. 1 to allow the Petitioner to use a computer system with a
screen reader and make other reasonable accommodations during the UGC-
NET examination to be held on 07.01.2025, that would facilitate the
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By:GEETA JOSHI
Signing Date:05.01.2025
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Petitioner in taking the UGC-NET exam without any hindrances.
2. The prayer in the present Application reads as follows:
“In light of the above, it is therefore prayed that this Hon’ble Court may
be pleased to pass, by way of ad-interim ex-parte directions, a writ of
mandamus or any other similar writ/order/directions, pending the final
disposal of the accompanying Writ Petition:
A. Direct the Respondent No. 1/NTA to allow the Applicant to use a
computer system with a screen reader and make other reasonable
accommodations during the upcoming UGC-NET examination pending
the disposal of the writ petition.
B. Grant any other relief that this Hon’ble Court deems fit and proper in
the interest of justice.”
3. Learned Counsel appearing on behalf of the Petitioner submits that
the Petitioner is a final year post-graduate student and is appearing for the
UGC-NET exam in January 2025, which is an exam to apply for a Ph.D. or
the job of an Assistant Professor.
3.1 Learned Counsel appearing on behalf of the Petitioner further submits
that the accessibility is a facet of right to equality and right to life under
Article 21 of the Constitution of India, 1950. He submits that the failure of
the Respondent No. 1 to provide the necessary accommodation is causing
the Petitioner, a severe mental agony as the exam is days away.
3.2 Learned Counsel appearing on behalf of the Petitioner also submits
that as per the DEPwD guidelines, it has been directed that there should be
uniform and comprehensive policy across the country for the persons with
benchmark disability for written examinations. He seeks to rely upon
Clauses 8, 9 and 15 of DEPwD guidelines in this regard, which provides for
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By:GEETA JOSHI
Signing Date:05.01.2025
16:53:26
the use of facilities in cases of persons with benchmark disability including
permission to take examinations on computer systems with enabling
accessories should be allowed.
3.3 Learned Counsel appearing on behalf of the Petitioner further seeks to
rely upon the order dated 05.12.204 passed by the Supreme Court in Yash
Dodani & Ors. v. Union of India & Ors.1 to submit that the Supreme Court
has recently on the issue of meaningful and effective opportunity to the
visually impaired candidates, had directed the Bar Council of India to ensure
that for the All India Bar Examination, the facility of JAWS [Job Access
With Speech] screen reader, in addition to option of NVDA [Non Visual
Desktop Access] screen reader, is to be made available to candidates. It has
further been directed that the candidates be permitted to use their own
keyboard and customised mouse in conformity with the DEPwD guidelines.
3.4 In addition, learned Counsel appearing on behalf of the Petitioner also
seeks to rely upon the Order dated 11.12.2024 passed by the Supreme Court
in Yash Dodani case wherein the Supreme Court directed the Bar Council of
India to permit candidates with benchmark visual disability to answer the
questions on computer instead of through a scribe, if so desired by a
candidate and that the Bar Council of India should make all necessary
arrangements for such persons.
3.5 Learned Counsel appearing on behalf of the Petitioner submits that
the All India Bar Examination of 2024 was conducted thereafter by the Bar
Council of India in compliance with these directions of the Supreme Court.
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By:GEETA JOSHI
Signing Date:05.01.2025
16:53:26
3.6 Learned Counsel for the Petitioner submits that the directions as set
forth by the Supreme Court are squarely applicable to the facts of the present
case and that the Respondent No. 1/National Testing Agency [hereinafter
referred to as “NTA”] must also take appropriate steps to enable the
Petitioner to appear in the UGC-NET exam scheduled to be held in January
2025.
4. Learned Counsel appearing on behalf of the Respondent No. 1/NTA,
on the other hand, relies on a short affidavit filed on 29.12.2024 to submit
that the UGC-NET examination has already commenced from 03.01.2025
and when the Petitioner had filled up her UGC-NET Examination
Application Form, she had opted for the NTA to provide a scribe. She
further submits that the NTA had enquired from their technical counterpart
and was informed that the NTA does not have any option for integration of
JAWS and NVDA screen reader software with their current examination
platform.
4.1 It is further submitted that all preparations for the UGC-NET
examination have already been finalized and any changes at this stage,
would disturb the schedule for more than 8 lakh candidates.
4.2 Learned Counsel appearing on behalf of the NTA also submits that
the screen reader or other devices, if not properly optimised, could cause an
overload of the network server leading to delays or crashes that may disrupt
the exam for all candidates. In addition, it is contended that the interface for
such computer based examinations has complex layout with sidebars and
1
W.P(C) 785/2024
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dynamic menus that may confuse the screen reader, thus making it more
difficult for the visually impaired candidates to move between the questions
and understand the structure or select answers. Reliance is additionally
placed on paragraphs 13 to 17 of the short affidavit filed by the NTA in this
regard.
4.3 In addition and as set out in the Order dated 03.01.2025 passed by this
Court, this aspect of the matter was also clarified by the Deputy Director of
the NTA who was present in Court as well. It was explained by him that as
far as the UGC-NET examination is concerned, the same is conducted not
on a Windows based Operating System but an operating system which is
based on the software ‘LINUX’. The system has been customised
specifically for this examination. He has further submitted that the
NVDA/JAWS software which are the two screen reader software which are
available for use, are not compatible with the NTA’s system for examination
and cannot be integrated within the short period of time with the
examination system in place.
4.4 Learned Counsel further submits that the UGC-NET, December 2024
examination has already begun on 03.01.2025 and the examination will be
conducted until 16.01.2025 for different subjects. Thus, it is contended that
making changes at this stage would not be possible.
4.5 It is further contended that the judgment of the Supreme Court in
Yash Dodani case was with respect to the All India Bar Entrance
Examination and that the UGC-NET examination is very different in nature.
4.6 Lastly, it is submitted that given the paucity of time and the fact that
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By:GEETA JOSHI
Signing Date:05.01.2025
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the UGC-NET examination of the Petitioner is in the next few days, the
NTA will be unable to take requisite steps for providing the Petitioner with
the facility of screen reader software within this brief time period.
5. No doubt the Petitioner has raised an issue of significant importance –
the compliance for equal rights for persons with disabilities. The DEPwD
guidelines as laid down by the Ministry of Social Justice & Empowerment,
Government of India are required to be followed while conducting written
examinations for persons with benchmark disability. Clauses 8, 9 and 15 of
DEPwD guidelines are set out below:
“VIII. Persons with benchmark disabilities should be given, as far as
possible, the option of choosing the mode for taking the examination 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.
IX. In case, the persons with benchmark disabilities are allowed to
take examination on computer system, they should be allowed to check
the computer system one day in advance so that the problems, if any in
the software/system could be rectified. Use of own computer/laptop
should not be allowed for taking examination. However, enabling
accessories for the computer based examinations such as keyboard,
customized mouse etc should be allowed.”
xxx xxx xxx
XV. As far as possible, the examining body should also provide reading
material in Braille or E-Text or on computers having suitable screen
reading software for open book examination. Similarly online
examination should be in accessible format i.e. websites, question papers
and all other study material should be accessible as per the international
standards laid down in this regard.”
6. These DEPwD guidelines are required to be followed by all
recruitment agencies, academics/examination bodies etc. for conducting
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By:GEETA JOSHI
Signing Date:05.01.2025
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examinations for persons with benchmark disabilities. The Petitioner had on
28.06.2024, addressed a communication to the NTA informing she wishes to
take the UGC-NET examination by using a screen reader software NVDA.
This was followed by another email dated 14.07.2024, extracting the
Clauses 8, 9 and 15 of the DEPwD guidelines as well.
7. It is the case of the Petitioner that since no reply was received, the
Petitioner filed a complaint under Section 75 of the Rights of Persons with
Disabilities Act, 2016 with the Respondent No. 4. The Respondent No. 4
also by a Notice dated 21.11.2024 issued by the Court of Chief
Commissioner for Persons with Disabilities (Divyangjan) advised NTA to
allow the Petitioner to appear in December 2024 UGC-NET examination
with a screen reading software in accordance with the DEPwD guidelines.
8. It is, however, the contention of the learned Counsel appearing on
behalf of the NTA, that this communication from the Office of the
Disabilities Commissioner was not received by the NTA until the filing of
the present Writ Petition.
9. Undisputedly, the Petitioner completed the Application Form for the
UGC-NET December 2024 examination selecting the option of taking the
exam with the assistance of a scribe to be provided by NTA.
10. The Court was also informed about the use of the screen reader
software being used in the Delhi Higher Judicial Service Examination
conducted recently. The examination conducting authority has clarified that
the screen reader software was made available to the candidates, however,
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Signing Date:05.01.2025
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this was only possible, in view of the fact that the platform on which the
examination was conducted, uses a Windows based Operating System.
11. As stated above, the Deputy Director, Exams, NTA appeared along
with his technical consultant virtually before this Court during the hearing
on 03.01.2025 and he clarified that the screen reader software was not
available with the LINUX based Operating System and the software cannot
be interfaced for examination of the Petitioner, within three days, since the
exam is scheduled for 07.01.2025. The officials of the NTA also explained
that the question paper in this exam would consist of two sections and both
the sections would consist of objective type, multiple choice questions as
well as questions with tables/charts and the various interfaces on the screen
would require prior customisation. Unlike the All India Bar Examination
exam, which is a completely text-based examination, the UGC-NET
Examination covers more than 85 subjects which include questions with
diagrams and graphics.
12. Given the short time span available and the inability of the NTA to
deploy the screen reader software as the operating system that is used by the
NTA is not compatible with the screen reader software, the request of the
Petitioner cannot be acceded to.
13. Additionally, any accommodation granted to the Petitioner would
need to be extended to candidates across all these subjects with Benchmark
Disability. This would require making all visual questions accessible and
compatible with screen reader software. Given the time constraints,
implementing such extensive logistical changes would not be feasible.
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By:GEETA JOSHI
Signing Date:05.01.2025
16:53:26
14. In view of what is stated above, this Court is not persuaded to pass
interim directions in favour of the Petitioner. The NTA is, however, directed
to provide a scribe to the Petitioner for the examination scheduled for
07.01.2025, as was selected by the Petitioner in her Application Form.
15. The Application is disposed of in the aforegoing terms.
16. It is clarified that nothing stated herein shall tantamount to the
expression of the merits of the case which is yet to be adjudicated upon by
the Roster Bench.
17. The parties shall act based on the digitally signed copy of the
Judgement.
TARA VITASTA GANJU
(VACATION JUDGE)
JANUARY 04, 2025/g.joshi
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By:GEETA JOSHI
Signing Date:05.01.2025
16:53:26