$~

* 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 Signature Not Verified Digitally Signed W.P.(C) 17617/2024 Page 1 of 9 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 Signature Not Verified Digitally Signed W.P.(C) 17617/2024 Page 2 of 9 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