Case Note & Summary
The petitioner, Sonia Damley, mother and guardian of minor son Kumar Randhir, filed a writ petition under Article 226 of the Constitution before the Bombay High Court. She sought a declaration that the result of her son declared by respondent No.2, Maharashtra State Board of Secondary & Higher Secondary Education, for the H.S.C. (Standard XII) examination for the academic year 2012-13 be revised in light of the Board's policy providing for granting 20 grace marks to students afflicted with learning disability. The petitioner's son was diagnosed with dysgraphia (difficulty in writing) and dyscalculia (difficulty in mathematical computations and reasoning), which are recognized learning disabilities. The Board's affidavit admitted that concessions are granted to students suffering from learning disabilities, broadly classified into dyslexia, dysgraphia, and dyscalculia. These concessions include curriculum concessions, examination pattern concessions, and appearance concessions. Initially, such concessions were only for students up to 10th standard, but from 1998 onwards, they were extended to 12th standard examinations. The court noted that there was no dispute about the facts and that the Board's policy applied. The court directed the Board to revise the result of the petitioner's son by granting 20 grace marks as per its policy and to issue a revised mark sheet accordingly. The petition was disposed of with no order as to costs.
Headnote
A) Constitutional Law - Right to Education - Learning Disability Concessions - Article 226 of the Constitution of India - The petitioner, mother of a minor boy with learning disabilities (dysgraphia and dyscalculia), sought revision of her son's H.S.C. result to apply the Board's policy of granting 20 grace marks to students with learning disabilities. The court held that the Board's policy must be applied uniformly and directed the Board to revise the result accordingly. (Paras 1-4)
Issue of Consideration
Whether the petitioner's son, a student with learning disabilities (dysgraphia and dyscalculia), is entitled to the benefit of the Board's policy granting 20 grace marks to students afflicted with learning disability for the H.S.C. examination.
Final Decision
The court directed respondent No.2 Board to revise the result of the petitioner's son by granting 20 grace marks as per its policy and to issue a revised mark sheet accordingly. The petition was disposed of with no order as to costs.
Law Points
- Right to education
- learning disability concessions
- grace marks policy
- Article 226 of the Constitution of India
