The Bombay High Court recently granted relief to a visually impaired student by directing the State board to add 20 grace marks to her result as she was not aware about the disability column to be filled.
A Division Bench of Justices Naresh Patil and G.S. Kulkarni was hearing a plea by Shaikh Mehmoona Abdullah, a student with 75% low vision. She failed Class XII in February-March 2017 and again in her second attempt in July the same year. She moved court in June 27, seeking a direction from the court to issue a fresh marksheet for two subjects in the 2017 exam.
On July 4, the court had directed a committee of the State board to decide keeping in mind the observations made by the Commissioner of Persons with Disabilities who had recommended that Ms. Abdullah be granted 20 grace marks. However, the committee rejected the request.
Ms. Abdullah’s counsel told the court that if she was granted the marks, she can be passed, and will be in a position to study further.
The court held, “The case of the girl’s disability is not a disputed question and it seems that the girl was not aware about the disability column which was to be filled that would facilitate the school board to take necessary steps. We find that the purpose of statutory provisions, the policy of the State would be achieved in case the student is allotted 20 grace marks.”
The court said, “We are of the view that the requirement of the regulation which stipulated that no result shall be amended after the expiration of six months from the date of its declaration, needs to be waived. In the peculiar circumstance of the case, if the time restriction is not waived, then statutory benefits made under the Rights of Persons with Disabilities Act, 2016 and the policy of the State would be denied.”
