2012 (5) TMI 80

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.... procedure to be followed regarding granting of 'Writer' and extra time to the Differently Abled Candidates taking the examination, are arbitrary and impractical and interfere with the right of the said candidates to take the examination. 3. Some of the conditions imposed for allowing the Writer are as under:- "(1). The Writer should have academic qualification lower than that of the candidate. (2). Physically handicapped candidates who are entitled to engage Writer will be required to engage Writer as per qualification specified below:   Examination Qualification of Writer   CPT 10th/Matriculation passed   Final/PCE/IIPE Under Graduate   Post qualification courses (meant....

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....nce." 4. The petition takes objection to the following conditions:-  a.  The Writer should not be above 20 years of age as on the date of commencement of a particular examination.  b.  The Writer should be the same person for all the papers of an examination and no request for Change of Writer is permitted.  c.  The Writer should not be a relative of the candidate for whom he/she is acting as a Writer. 5. The petitioner, immediately after issuance of Guidelines aforesaid, made a representation to the Chief Commissioner under the Disabilities Act for taking up the issue with the respondent ICAI and this petition is filed when the respondent ICAI inspite of directive of the said Chief Commissioner,....

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....are not familiar with the subject of examination viz. persons who is either a Chartered Accountant, Company Secretary, Cost Accounts or qualified in Corporate Laws or Commerce stream can be prohibited. Other persons irrespective of relationship and age should be allowed by the respondent ICAI to act as 'Writer'. 9. In so far as change of Writer is concerned, the counsel for respondent ICAI makes a statement at the bar that in case there is a need to change the Writer for the reasons beyond the control of the examinee or the Writer, and a request in this behalf is made, change would be allowed. 10. We direct accordingly. 11. We make it clear that our directions aforesaid are only for the current examinations and the said Examination....