Telangana High Court
Master Basyaboina Tanish vs Union Of India on 22 October, 2024
THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
WRIT PETITION NO.13242 OF 2024
Mr. M.V.V.Baswa Raj, learned counsel for the petitioner.
Mr. Ajay Kumar Kulkarni, learned counsel for the respondent No.2.
ORDER:
The petitioner No.1 is the son of the petitioner No.2 and failed to clear the subjects in the annual examination for promotion from Class IX to X in Kendriya Vidyalaya-Picket, Secunderabad.
2. The petitioner No.1 is a person with disability as defined under The Rights of Persons with Disability Act, 2016. This is an undisputed fact.
3. The case sought to be made out is that the petitioner No.1 was not given the opportunity of availing of the concessions/exemptions extended to persons with benchmark disabilities for Class X and XII examination conducted by the CBSE. The exemptions would appear from the standard operating procedures of the CBSE which is part of records. The exemptions applicable for Class X and XII Board Examinations include availability of Scribe, Compensatory Time and an Adult Prompter.
4. Learned counsel appearing for the petitioners have placed the relevant part of Section XII of the SOP which provides for 2 MB,J W.P.No.13242 of 2024 various exemptions including for Scribe, Compensatory Time and an Adult Prompter. Counsel submits that these exemptions were not extended to the petitioner No.1 by reason of which the petitioner No.1 was unable to clear the Class IX examination.
5. Learned counsel appearing for the respondent Nos.2 and 3 placed a circular of the CBSE dated 21.03.2017 which provides that Classes VI to XI may replicate the same assessment models as prescribed/directed for Class X for the academic year 2017-2018 for CBSE affiliated Schools. Counsel for the CBSE submits that the same circular was subsequently extended to cover the petitioner No.1.
6. There is a dispute whether the concessions/exemptions were provided to the petitioner No.1 during the examination. While the petitioners say that the concessions were not made available to the petitioner No.1, the respondents say otherwise.
7. Apart from the disputed fact, it should also be stated that the presumption of the petitioner No.1 clearing the Class IX examination had the concessions been provided to the petitioner No.1 is erroneous and one which cannot be decided by a Writ Court. Hence, the prayer that the petitioner No.1 should automatically be promoted to Class X despite the petitioner No.1 failing in all the 6 subjects, cannot be granted.
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8. The only relief which can be granted to the petitioners is one that appears from a letter of the respondent No.2 dated 30.05.2024. The letter was written by the respondent No.2/Kendriya Vidyalaya Sanghatan to the State Commissioner of this Court for rights of persons with disability. The letter states that the petitioner No.1 may be allowed to write the examination of Class IX once again with the exemptions/concessions provided under the SOP of the CBSE for the Class X and XII Board Examination. The SOP for availing the exemptions has also been placed before this Court.
9. Since this Court is not inclined to promote the petitioner No.1 to Class X without the petitioner No.1 clearing the examinations of Class IX, W.P.No.13242 of 2024 is allowed and disposed of by permitting the petitioner No.2 to request the concerned school for availing of the exemptions for the petitioner No.1 in accordance with the SOP including Step III thereof, as showed to the Court.
10. The respondent No.3 school will process the request and permit the petitioner No.1 to repeat the Class IX examination in March 2025 (or on the day notified for such) with the exemptions which the petitioner No.1 is entitled to. The petitioner No.1 will pay the balance fees for writing the repeat examination. The respondent No.3-school will inform the petitioner No.2 of the fees 4 MB,J W.P.No.13242 of 2024 which is to be paid as well as any other procedural formalities which the petitioners will have to comply with for the petitioner No.1 to appear for the repeat examination for Class IX.
Interim orders, if any, shall stand vacated and all connected applications are disposed of. There shall be no order as to costs.
__________________________________ MOUSHUMI BHATTACHARYA, J Date: 22.10.2024 ssp/vsu