Case Note & Summary
The appeal arose from a judgment of the Bombay High Court dated 29 October 2021, which dismissed the appellant's writ petition under Article 226 of the Constitution. The appellant, diagnosed with dysgraphia and a 40% permanent disability qualifying as a 'person with benchmark disability' under Section 2(r) of the Rights of Persons with Disabilities Act 2016 (RPwD Act), appeared for the National Eligibility cum Entrance Test (NEET) on 12 September 2021. She claimed entitlement to reasonable accommodation, including an additional hour of compensatory time, under Section 17(i) of the RPwD Act and the Guidelines for Written Examination for Persons with Benchmark Disabilities issued on 29 August 2018. The appellant alleged that the examination center, Thakur College of Engineering and Technology, failed to provide the compensatory time, forcibly collecting her answer sheet after three hours. She filed a writ petition seeking a fresh examination with all due relaxations. The High Court, in an interim order dated 11 October 2021, directed the National Testing Agency (NTA) to consider her case if she produced a disability certificate from a designated agency as per Appendix VIII-B of the NEET Bulletin 2021. The appellant contended that such a certificate was only required at the admission stage, not for examination accommodations. Despite this, the High Court dismissed the petition on 29 October 2021, citing her failure to produce the certificate and relying on an interim order of the Supreme Court in another case. The Supreme Court heard arguments from both sides, focusing on the obligations under the RPwD Act and NEET Bulletin. The court analyzed the distinction between persons with disability (PwD) and persons with benchmark disability (PwBD), the right to inclusive education, and the binding nature of the guidelines on examining authorities. It considered the appellant's statutory rights and the injustice caused by the denial of accommodations. The court held that the High Court erred in dismissing the petition, emphasizing the need to redress the injustice and uphold the appellant's rights under the RPwD Act, ultimately allowing the appeal and granting appropriate relief.
Headnote
A) Disability Law - Rights of Persons with Disabilities - Reasonable Accommodation and Inclusive Education - Rights of Persons with Disabilities Act, 2016, Sections 2(r), 17(i) - Appellant with dysgraphia and 40% permanent disability sought compensatory time in NEET exam - Court held that RPwD Act 2016 mandates reasonable accommodation and inclusive education through suitable modifications to examination systems - Examining authorities must provide accommodations as per guidelines (Paras 3, 20-27). B) Disability Law - Examination Guidelines - Binding Nature on Authorities - Rights of Persons with Disabilities Act, 2016, Guidelines for Written Examination for Persons with Benchmark Disabilities 2018 - Appellant argued NEET Bulletin 2021 referenced guidelines making them binding - Court analyzed obligations under NEET Bulletin and found authorities must comply with guidelines for PwD candidates (Paras 3, 9, 20-22). C) Disability Law - Disability Certification - Distinction Between PwD and PwBD - Rights of Persons with Disabilities Act, 2016, Sections 2(r), 2(s) - Issue arose regarding certificate requirements under Appendix VIII-A/B - Court clarified distinction between person with disability (PwD) and person with benchmark disability (PwBD) and certification procedures (Paras 28-31). D) Constitutional Law - Writ Jurisdiction - High Court's Discretionary Relief - Constitution of India, Article 226 - High Court dismissed writ petition citing certificate technicalities and interim order in another case - Supreme Court examined whether denial was justified given statutory rights and guidelines (Paras 8-9, 37-44).
Issue of Consideration
Whether the appellant, a person with benchmark disability, was entitled to compensatory time and other relaxations under the RPwD Act 2016 and NEET Bulletin 2021, and whether the High Court erred in dismissing her writ petition.
Final Decision
Supreme Court allowed the appeal, granting relief to appellant
Law Points
- Reasonable accommodation under RPwD Act 2016
- Inclusive education rights
- Obligations of examining authorities
- Distinction between PwD and PwBD
- Binding nature of guidelines
