Case Note & Summary
The petitioner, Master Bharath S., a minor student aged 16 years, represented by his father, was studying in Standard X at Bharat Vidyaniketan School, Bengaluru. He suffered from Osteogenesis Imperfecta, a chronic bone disorder, with 75% physical disability. Due to his condition, he was unable to appear for the final SSLC examination conducted by the Karnataka Secondary Education Examination Board. He filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash an order dated 22.06.2020 and to direct the Board to consider his representations dated 20.06.2020 and 10.09.2020, requesting promotion based on his preparatory examination marks. The court noted that the petitioner had secured good marks in the preparatory examination and that his disability made it difficult to attend the final exam. The court directed the second respondent to consider the petitioner's representation and pass appropriate orders within two weeks, taking into account the petitioner's disability and the marks obtained in the preparatory examination. The petition was disposed of accordingly.
Headnote
A) Education Law - Right to Education of Disabled Persons - Reasonable Accommodation - Osteogenesis Imperfecta - The court considered whether a student with a chronic bone disorder and 75% disability could be exempted from final examination and promoted based on preparatory exam marks - Held that the Examination Board must consider the student's representation and pass appropriate orders, taking into account the disability and the fact that the student had already secured good marks in preparatory exams (Paras 1-4).
Issue of Consideration
Whether a student suffering from Osteogenesis Imperfecta with 75% physical disability can be exempted from appearing in the final SSLC examination and promoted based on preparatory examination marks.
Final Decision
The court disposed of the petition directing the second respondent to consider the petitioner's representation dated 20.06.2020 and 10.09.2020 and pass appropriate orders within two weeks, taking into account the petitioner's disability and the marks obtained in the preparatory examination.
Law Points
- Right to education of disabled persons
- Reasonable accommodation
- Dispensation of final examination for students with chronic illness
- Article 226 of the Constitution of India
Case Details
2020 LawText (KAR) (11) 33
Writ Petition No. 10051 of 2020 (EDN-EX)
Sri. H.C. Shivarama (for petitioner); Smt. Pramodini Kishan (AGA for R1 & R2); Sri. S.N. Hatti (for R3)
The Secretary, Education Department, Government of Karnataka; The Director, Karnataka Secondary Education Examination Board; The Principal, Bharat Vidyaniketan School
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Nature of Litigation
Writ petition seeking direction to dispense with final examination and promote based on preparatory exam marks due to chronic illness and disability.
Remedy Sought
Quash order dated 22.06.2020 and direct the Examination Board to consider representation for promotion based on preparatory examination marks.
Filing Reason
Petitioner, a minor student with Osteogenesis Imperfecta and 75% disability, unable to appear for final SSLC examination.
Previous Decisions
Order dated 22.06.2020 (Annexure-A) was passed, which is impugned.
Issues
Whether the petitioner is entitled to exemption from final examination and promotion based on preparatory exam marks due to his disability.
Submissions/Arguments
Petitioner argued that due to chronic bone disorder and 75% disability, he cannot appear for final examination and should be promoted based on preparatory exam marks.
Respondents opposed the petition, but the court directed them to consider the representation.
Ratio Decidendi
The court held that the Examination Board must consider the representation of a disabled student seeking exemption from final examination and promotion based on preparatory exam marks, taking into account the student's disability and academic performance.
Judgment Excerpts
Petitioner, a minor student pursuing his studies in Standard X in the third respondent – School is knocking at the doors of Writ Court, in substance seeking a 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.
The learned AGA appearing for the respondent-State submits that the representation of the petitioner would be considered by the second respondent in accordance with law.
Procedural History
The writ petition was filed on an unspecified date, came up for preliminary hearing on 09.11.2020 through video conference, and was disposed of on the same day.
Acts & Sections
- Constitution of India: Articles 226, 227
