[KEAM 2024] Scribe Can Be Someone Who Has Completed Matriculation But Not Completed 12th Standard: Kerala High Court

Update: 2024-06-05 12:42 GMT
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The Kerala High Court has permitted a candidate who has 90 per cent permanent physical disability to attend the Kerala Engineering Architectural Medical Examination (KEAM), 2024 with the help of a scribe who has completed matriculation and had not completed 12th standard.The KEAM, 2024 exam will begin today. Justice Ziyad Rahman A.A. ordered thus:“Therefore, this writ petition is disposed...

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The Kerala High Court has permitted a candidate who has 90 per cent permanent physical disability to attend the Kerala Engineering Architectural Medical Examination (KEAM), 2024 with the help of a scribe who has completed matriculation and had not completed 12th standard.

The KEAM, 2024 exam will begin today.

Justice Ziyad Rahman A.A. ordered thus:

“Therefore, this writ petition is disposed of directing respondent No.3 to permit the petitioner to attend the examination through the help of a scribe who has the qualification referred to above, i.e. a matriculate and had not completed 12th standard.”

The Court passed the above order while considering a writ petition moved by a KEAM, 2024 candidate stating that she cannot attend the exam without the help of a scribe.

The Government Pleader submitted that a scribe should be a person who was yet to complete the 10th standard.

The petitioner argued that it would not be possible to attend the KEAM exam with a person who has not completed the 10th standard due to the nature and subjects involved in the exam.

The Court referred to the guidelines dated August 29, 2018, issued by the Department Of Empowerment Of Persons With Disabilities by the Ministry of Social Justice and Empowerment.

Clause VI of the guidelines reads thus: “VI.In case the examining body provides the scribe/reader/lab assistant, it shall be ensured that qualification of the scribe should not be more than the minimum qualification criteria of the examination. However, the qualification of the scribe/reader should always be matriculate or above.”

It stated that the guidelines issued by the Ministry was sanctioned by the state government as per government order dated October 25,2022.

Relying upon these orders, the Court thus stated that the scribe should always be a person who has qualified matriculation or above and had not passed the 12th standard.

“Thus, in the light of Clause VI of Ext.P21 (guidelines issued by the Ministry of Social Justice and Empowerment), the scribe should always be a matriculate or above. In the light of Ext.P21, which was implemented as per Ext.23 (Government Order dated October 25,2022) by the Government, it is only proper that, the petitioner be permitted to engage a scribe, in tune with the qualifications stipulated in Clause VI of Ext.P21, i.e, a person who completed matriculation and had not completed 12th standard.”

Accordingly, the Court directed the Controller of Entrance Examination to permit the petitioner to attend the KEAM exam with the help of a scribe.

Considering the health of the petitioner, the Court also permitted the mother to be present near the examination hall. It also permitted the mother to enter the examination hall in extreme circumstances of medical emergency if permitted by the person in charge of the examination. 

Counsel for Petitioner: Advocates Adithya Rajeev, S.Parvathi, Safa Navas

Counsel for Respondents: Government Pleader Nisha Bose

Citation: 2024 LiveLaw (Ker) 331

Case Title: Jewel Roshan T v Union of India

Case Number: WP(C) NO. 20003 OF 2024

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