Case Note & Summary
The appeal arose from a judgment of the Bombay High Court that dismissed the appellant's petition under Article 226 of the Constitution. The appellant, diagnosed with Dysgraphia and classified as a person with benchmark disability under the Rights of Persons with Disabilities Act, 2016, sought reasonable accommodations during the NEET examination. She claimed an additional hour of compensatory time, which was not granted by the examination centre, leading her to file a writ petition. The High Court noted that the appellant had not produced a disability certificate in the prescribed format, which was a requirement for granting such accommodations. The Supreme Court analyzed the obligations under the NEET Bulletin 2021 and the guidelines issued by the Ministry of Social Justice and Empowerment, emphasizing the need for reasonable adjustments for candidates with disabilities. The court directed the first respondent to consider the appellant's application for re-appearing in the NEET examination while ensuring compliance with the principles of reasonable accommodation. The court also highlighted the importance of clear guidelines for future examinations to prevent similar issues. The final decision favored the appellant by ensuring her rights under the RPwD Act were upheld, while also mandating that the first respondent take appropriate action regarding her request for accommodations.
Headnote
A) Disability Law - Reasonable Accommodation - Entitlement to Compensatory Time - Rights of Persons with Disabilities Act, 2016, Section 17(i) - The appellant, diagnosed with Dysgraphia, claimed compensatory time during NEET but was denied by the examination centre. The court held that reasonable accommodations must be provided to enable candidates with disabilities to effectively participate in examinations (Paras 20-21).
Issue of Consideration
Whether the appellant was entitled to an hour’s worth of compensatory time due to her PwD status under the NEET Bulletin 2021 and the Guidelines for Written Examination.
Final Decision
The Supreme Court directed the first respondent to consider the appellant's application for re-appearing in the NEET examination while ensuring compliance with the principles of reasonable accommodation as mandated by the RPwD Act.
Law Points
- Rights of Persons with Disabilities Act
- 2016
- reasonable accommodation
- NEET Bulletin 2021
- guidelines for written examination
- compensatory time for PwD candidates
