HC allows 2-hour extra exam time for students with a genetic disability [Read Judgment]

Karnataka HC in Master Bharath S. v. The Secretary, Education Department, Government of Karnataka, made a historic move whereby they directed two hours extra exam time for students with genetic disability.

The Petitioner, a minor student of Class 10th, approached the court seeking direction to the examination board of his school to treat his Preparatory examination as the final one as he is a chronic patient of “OSTEOGENESIS IMPERFECTA”, with 75% physically disability.

The Court while understanding the gravity of the situation and perusing the textbook meaning of the disease that causes imperfect bone formation observed that even though the case is peculiar, the board of Karnataka Secondary Education Examination Board Act, 1966 does not authorize dispensing crucial 10th-grade exams whatever the circumstances may be. The court also observed that the writ court can not intervene in the statutory policy and therefore a relief could not be granted. The Court however understood the situation and tried to provide for some alternative relief.

The Court stated that even though the exams were crucial, the predicament of students suffering from such genetic diseases could not go unaddressed. Reliance was made on State of Rajasthan v. OM Prakash which called for a sensitive approach in matters relating to children. Furthermore, the Government of India 26.02.2013 Office Memorandum empowers the school/examination authorities to accord reprieve to such students by making appropriate provision. Herein the concept of providing extra time was mentioned. A range of international treaties and conventions makes an obligation on the state to formulate policies vis-a-vis the protection of children with special needs.

The court thus ordered the board to grant additional two hours to the petitioner and also gave discretion to the authority to grant extension as well as keeping in view the degree of disability. The court even added a caveat that the concession must not be abused by the unscrupulous.

Case Details

Counsel for petitioners-SRI. H.C. SHIVARAMA, ADVOCATE

Counsel for respondents- SMT. PRAMODINI KISHAN, AGA FOR R1 & R2;  SRI. S.N.HATTI, ADVOCATE FOR R3)

Coram-THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

Due to some technical errors copy of the judgment is not available will be uploaded soon.