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PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA
Basyaboina Tanish – Appellant
Versus
Union of India – Respondent
ORDER
1. Leave granted.
2. This appeal is against the judgment and order passed by the High Court for the State of Telangana at Hyderabad dated 22-10-2024 disposing of the Writ Petition No.13242/2024 with the following directions:
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 Sanghathan to the State Commissioner of this Court for rights of persons with disability. The letter states at 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 Cour
The court affirmed the right of students with disabilities to reattempt examinations with necessary exemptions, ensuring adherence to educational standards and fairness.
A student has the right to appear for examinations without coercive attendance requirements, particularly considering potential harm from institutional conduct.
Once the competent authority/medical board issues a disabled certificate, it becomes final and cannot be subjected to re-medical examination from different Medical Boards again and again.
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