Karnataka High Court Directs To Grant 2 Hours Extra Exam Time For Students With Genetic Disorder

A bench of Justice Krishna S Dixit, while partly allowing the petition filed by a minor student, said:

"Extend to the petitioner and other similarly circumstanced candidates the relaxation by elongating the duration of final examination of X Standard, through additional two hours; discretion lies with the authorities to grant longer extension as well keeping in view the degree of disability, subject to the rider that this concession is not abused by the unscrupulous."

The student had approached the court seeking a direction to the authority 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 respondent resisted the petition by stating that "The examination of X Standard is conducted by the respondent-Board under the provisions of Karnataka Secondary Education Examination Board Act, 1966 and that the same does not authorize dispensing with the crucial examination like this, whatever be the circumstances."

The bench agreed with the submission of the respondent and said "It is a matter of statutory policy and therefore a writ court cannot intervene for granting a relief dehors the law if not contrary to."

However, it added that "This Court cannot turn Nelson's Eye to the suffering of the students who are struck with this tortuous disease that lasts for the life, medication for its mitigation arguably not yielding much relief. The authentic medical literature which the counsel for the petitioner has produced warrants a soft approach to the students who are victimized by this disease."

The bench noted that "The Government being the guardian of the citizens vide parens patria has shown an appreciable gesture in formulating a humane policy through the said O.M.; consistent with this policy, the authorities responsible for conduct of examinations have to show relaxation and reprieve to the suffering students of the kind."

Case Details: MASTER BHARATH. S. And THE SECRETARY EDUCATION DEPARTMENT,

Case No: WRIT PETITION NO. 10051 OF 2020

Date of Order: 09TH DAY OF NOVEMBER, 2020

Coram: JUSTICE KRISHNA S.DIXIT

Appearance: Advocate H.C. SHIVARAMA for petitioner

AGA PRAMODINI KISHAN, FOR R1 & R2;

Advocate S.N.HATTI for R3

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