SUPREME COURT ALLOWS VISUALLY IMPAIRED CANDIDATES TO APPOINT SCRIBES WITH HIGHER QUALIFICATIONS FOR AIBE AND CLAT EXAMS:

In a significant move aimed at strengthening accessibility in legal education and professional examinations, the Supreme Court has permitted visually impaired candidates appearing for the All India Bar Examination (AIBE) and the Common Law Admission Test (CLAT) to engage scribes who possess qualifications higher than the previously prescribed 10+2 level. The only restriction imposed is that such scribes must not be law graduates or students pursuing law or other humanities courses.

The decision was rendered by a Bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and N.V. Anjaria. The Court accepted and endorsed the suggestions advanced by the petitioners, who had challenged the earlier policy limiting scribes to individuals with only a 10+2 qualification. The Bench directed the Bar Council of India and the Consortium of National Law Universities to implement the revised norms at the earliest opportunity and to formally notify the changes well in advance of the next examination cycle.

Under the revised framework approved by the Court, specially abled candidates with visual impairment appearing for the AIBE are entitled to assistance from a scribe who is an undergraduate, provided that the individual is not studying law or any other humanities discipline. By implication, the Court clarified that there is no longer a blanket prohibition on scribes holding qualifications beyond the 10+2 level. This marks a departure from the earlier restriction, which had effectively limited the pool of eligible scribes and, according to the petitioners, created practical difficulties for candidates seeking competent assistance during high-stakes examinations.

The petitioners had urged the Court to revisit the existing policy circular governing the provision of scribes for these examinations, arguing that the 10+2 cap was unnecessarily restrictive and inconsistent with broader accessibility principles. They contended that visually impaired candidates often struggled to find suitable scribes within the narrow eligibility criteria, which could adversely affect their performance and undermine the principle of equal opportunity.

The Supreme Court observed that the proposed modifications were in consonance with the guidelines issued by the Ministry of Social Justice and Empowerment. These guidelines are designed to ensure that persons with disabilities are able to participate effectively and equitably in competitive examinations. Finding the petitioners’ suggestions aligned with these standards, the Court stated that there was no reason to depart from the approach recommended on their behalf.

In addition to directing prompt implementation of the revised policy, the Bench instructed the respondent authorities to file a compliance affidavit within two weeks, confirming the steps taken to give effect to the Court’s directions. The matter has been scheduled for further consideration on March 20, 2026.

The ruling is expected to have a meaningful impact on improving examination conditions for visually impaired candidates. By expanding the pool of eligible scribes while maintaining safeguards against potential conflicts of interest, the Court has sought to strike a balance between ensuring fairness in competitive examinations and upholding the rights of persons with disabilities to reasonable accommodation and equal participation.