Master Bharath S vs The Secretary, Education Department and Others. Writ Petition 10051/2020 decided 9 November 2020.
Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348186/1/WP10051-20-09-11-2020.pdf
Prayer in the Writ Petition – for direction to the second respondent-Examination Board to dispense with the requirement of final examination, treating his performance in the Preparatory Examination itself as the final one, since he is a chronic patient of “OSTEOGENESIS IMPERFECTA”, with 75% physically disability.
Relevant Paragraphs: 3(a) “OSTEOGENESIS IMPERFECTA” (OI) is explained by standard medical text books as a group of genetic disorders that mainly affect the bones; the term literally means an imperfect bone formation, since it results in bones that break easily; this is believed to be caused by defective genes that affect how the body makes collagen, a protein that is associated with the formation and strengthening of the bones;
3(c) ….Court cannot turn Nelson’s Eye to the suffering of the students who are struck with this tortuous disease that lasts for the life, medication for its mitigation arguably not yielding much relief; the authentic medical literature which the counsel for the petitioner has produced warrants a soft approach to the students who are victimized by this disease; the Apex Court in STATE OF RAJASTHAN vs. OM PRAKASH, (2002) 5 SCC 745 has stressed the need for a sensitive approach when dealing with the matter relating to children; the Office Memorandum dated 26.02.2013 issued by the Government of India empowers the school/examination authorities to accord reprieve to such students by making appropriate provision.
3(d) The Government being the guardian of the citizens vide parens patria has shown an appreciable gesture in formulating a humane policy through the said O.M.; consistent with this policy, the authorities responsible for conduct of examinations have to show relaxation and reprieve to the suffering students of the kind;
Writ of Mandamus issues to the second respondent to extend to the petitioner and other similarly circumstanced candidates the relaxation by elongating the duration of final examination of X Standard through additional two hours; discretion lies with the authorities to grant longer extension as well keeping in view the degree of disability, subject to the rider that this concession is not abused by the unscrupulous.
Note: The Honorable Court made reference to: ‘No Child Left Behind Act of 2001’ and its improved version ie., ‘Every Student Succeeds Act, 2015’ enacted by the US Congress (Parliament), keeping with the Human Rights Jurisprudence; there are several international conventions which deal with Child Rights and more particularly differently abled juveniles; the United Nations Convention on the Rights of People with Disabilities, 2006 is ratified by India; Article 24 of the same provides that education shall be without discrimination and shall be on the basis of equal opportunity and further that the Government shall ensure an inclusive education system at all levels; the UN Millenium Development Goal (MDGs) includes access to and completion of universal primary education by 2015 providing a basic policy framework for including the children with special needs and disabilities till the age of 18 years; in fact the Central Government through the Ministry of Human Resource Development has initiated a new scheme called ‘Integrated Education for Disabled Children in Secondary Schools’ (IEDSS) with the main objective of providing equal educational opportunities even for children with disabilities in the regular school system from 9th Std. to PUC; such protective measures ensure that the diseased/disabled children do not lag behind in the academic race, which neo educationists often brand as ‘mad rat race of life’.
Compiled by S. Basavaraj, Advocate, Daksha Legal.
Daksha Legal 