Students with disabilities allowed extra time and assistance of another student: Supreme Court
The Supreme Court on Friday declined to entertain a dyslexic's plea for permission to use a calculator at his Class XII public examination in mathematics conducted by the Central Board of Secondary Education.
(Dyslexia is a disorder involving difficulty in learning to read or interpret words.)
A Bench of Chief Justice K.G. Balakrishnan and Justices Deepak Verma and C.K. Prasad dismissed a special leave petition filed by Pranay Jain, through his father, against a judgment of the Punjab and Haryana High Court.
The CJI told senior counsel J.L. Gupta, appearing for the petitioner, a resident of Panchkula in Haryana: “When the CBSE, an expert body, has considered and decided against the use of calculator in the examination, scheduled for next week, it is not possible for us to allow you to use a calculator. We are told that there are about 300 students with dyslexia. If we allow your prayer, we may have to grant similar relief to all other students.”
When counsel said unequals could not be treated on a par with equals, the CJI pointed out that students with disabilities “are allowed one hour extra time and they also have the assistance of another student to write the examination. If the CBSE takes a decision to allow you, we will have no problem, but we cannot grant any relief.”
The CJI did not accept the submission that the CBSE rule denying use of a calculator was violative of Article 14 (equality before law) of the Constitution.
When counsel said Jain could be allowed to use a calculator and the results of the examination might be withheld until after the matter was disposed of, Justice Verma said, “The student's career will be in stagnation if we accept your argument.”
Senior counsel for the CBSE pointed out that the High Court had permitted the student assisting the petitioner to do the calculation and the Board accepted the order.
He said 1,891 students with various forms of disabilities were taking Standard X examinations and 1,306 students, standard XII examinations, and if use of the calculator was allowed for one candidate, then all others would have to be similarly permitted.
In his appeal, Jain said: “Education has been recognised as a fundamental right under Articles 21 (right to life) and 21 A (right to education). While so, the CBSE's rejection of his request was illegal, unjust, unfair and arbitrary, being violative of Article 14.”
Keywords: Supreme Court, dyslexic, CBSE, examination
Comments:
Indian education reforms not withstanding India will keep on churning clerks and not thinkers. World over Dyslexia is treated as a gift and assisted by the people in power to produce Bill Gates, Walt Disney,Albert Einstein, Thomas Alva Edison, Winston Churchill, Leonardo Da Vinci, Noble laureate Dr. Carol W. Greider (all Dyslexics). Who wants such persons in India ?
Is CBSE the last word on education? The Kerala State Board, has been joined by state boards of Maharashtra, Tamil Nadu, Karnataka, and National Boards ICSE and NIOS in providing calculators during examinations of class X and class XII to dyslexics and Disabled children. It is a sad day for us.
It is a sad day for all dyslexics and their parents but we can not give up our fight.how can CBSE be so insensitive to the special need of a child.I am a special educator and the mother of a dyslexic child.I think the CBSE needs to shaken up to make them understand the needs of dyslexic children.
We are a group of professionals working with children with disabilities especially dyslexics.We are saddened by the behavior of CBSE and the judicial system which did not support the child with special needs.Are we moving ahead or retreating backwards.Do we want to acknowledge dyslexic in its scientific form or start calling the dyslexics "dumb", "idiot".Wake up CBSE Recognize dyslexia and empathize with dyslexics.All the CBSE reforms introduced by Mr.Kapil Sibal are of no use if we continue to behave with the students the way CBSE behaved with Pranay Jain.
when all the examining boards,schools were waking up to the needs of the children with disabilities,today's judgment and CBSE behaviour has brought more gloom than brightness in our lives.
CBSE says that the scribe provided to the disabled child can use the calculator but when the child has learnt to write and with the use of calculator is able to score then why deprive him ? Isnt it demotivating and bringing down his self esteem and confidence.It is like asking a child who can walk with the help of crutches to use a wheelchair which is also being navigated by another person.Is this what CBSE wants?
World over facilities in shape of new gadgets and new technology is being implemented. The CBSE it seems is still in Dark Age.
HRD minister should take steps to reform CBSE by reading about Dyslexia and have a group of knowledgeable persons who know what Dyslexia is.
Why the researchers,Doctors,Social Scientists,Educationists do not help disabled children like this Dyslexia boy?What sort of society have we developed? Are the education reforms passed by cabinet disabled friendly
The Supreme Court of India consists of wise men. We must respect their views on education of the disabled.
jameen par flops yet again. Amir Khan should work on a script to banish technology from life and let Indians lead a simple life without computers and mobiles and calculators and innovative thinking.We should not strain ourselves.
Had the CBSE allowed calculator to 300 disabled out of more than one million appearing for class XII what would have happened.When ICSE
board allows scientific calculator for all the students.So it means ICSE is a much advanced board.
Surprising fact: the HRD ministry controls two national boards that is CBSE and NIOS,(National Institute of Open Schooling), NIOS allows Use of Calculator in Exams !!!!
DONT BE SURPRISED ...EVEN NOW WHERE INDIAN 'IT' IS REACHING FOR THE STARS THE CBSE SITE IS FUNCTIONING LIKE A HALF GROWN PUPPY ....CAN U EXPECT MORE FROM OUR LEARNED ACADEMIC WIZARDS
CBSE and Supreme Court's attitude towards the dyslexic children is nothing sort of the well known India syndrome of non-imaginative refusal to adapt to new scientific findings. Whether one is Supreme Court judge or CBSE official they need to continuously update their knowledge in such areas of expertise. Otherwise, they will continue to taking the innocent public for a ride. It is the behaviours of such static people which are responsible for taking India to the unbridgeable gape between India and Bharat.