The court affirmed the right of students with disabilities to reattempt examinations with necessary exemptions, ensuring adherence to educational standards and fairness.

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 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 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.”

3. Heard Mr. S. Rajappa, learned counsel appearing for the Kendriya Vidyalaya Sangathan, Ms. Pankhuri Shrivastava, learned counsel appearing for the Central Board of Secondary Education and Ms. Aishwarya Bhati, learned Additional Solicitor General, assisted the Court in the matter.

4. Having heard the matter in detail, we direct the Central Board of Secondary Education to extend all facilities necessary to the appellant No.1 to appear in the 9th Class examination, which is to be conducted as per the schedule.

5. With these directions, the Civil Appeal is disposed of.