A.M. Dhavale, J.

1. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties and taken up for final disposal.

2. In this petition, the petitioner suffering from learning disability challenges the decision of CBSE Board to change the groups of subjects and optional subjects in midterm for the 10th std. examination.

3. Heard Mrs Rashmi S. Kulkarni, learned counsel for the petitioner, Mr. Bhushan Kulkarni, learned advocate for respondent no. 1, Mr. S. B. Deshpande, learned advocate for respondents no. 2 and 3 and Mr. Swapnil Patoonkar, learned counsel for respondent no. 4.

4. The petitioner seeks -

(a) quashing of Circular dt. 17.10.2017 to the extent of deletion of vocational subjects having code Nos. 461 to 467 and transfer of subjects nos.165 and 166 in optional category with request that the policy to change the subjects should be made applicable from new academic year for the students entering 9th std.

(b) To refrain the Board from changing curriculum in the midst of academic year of 10th std students in view of the integrated course of 9th and 10th year course.

(c) To accept the corrected final registration slip dt. 17.11.2017 of the petitioner submitted by respondent no. 4 for class 10th examination in March 2018.

(d) Respondents to allow the petitioner to appear for 10th std examination with subjects chosen for by him for 9th std. examination and other interim reliefs.

5. The petitioner, a minor boy, on 25.12.2017 filed this petition through his father. Admittedly, he is certified to be suffering from dislexia, disgrafia and discalculia, which is disability in reading, writing and understanding arithmetic which is known as learning disability. He is the only student studying in 10th std. in Kashinath Palod Public School at Jalgaon (R4) in CBSE pattern examinations. The regional office of CBSE is at Chennai (R3) and the main Board is at Prit Vihar, Delhi (R2). It is under the control of Union of India (R1).

6. In Writ Petition No. 1744 of 2005, by mutual agreement between the State Government Educational Authorities and all schools, scheme as per annexure 'X' was agreed for giving exemptions, concessions and special facilities to the students suffering with learning disability. It is consistent with the constitutional mandate of adopting beneficial and conducive policies for people of weaker section and the enactment of Persons with Disabilities Act, 1995. There is no dispute that CBSE has accepted the policy and has issued general instructions for giving exemptions, concessions and facilities like extended time limit or services of scribe at the time of examinations as per general instructions circulated vide letter dt. 28.08.2016 (page 32). It lays down that the students suffering from learning disability were exempted from taking a subject of third language. They were supposed to study only one compulsory language as against two. Besides, they were supposed to opt for four out of the following subjects as against five for others.

   

Math	Science
(i) Social Science (ii) Commerce (Elements of Book Keeping And Accountancy) (iii) E-publishing and Eo-ffice (English) (iv) E-publishing and E-office (Hindi) (v) Information and Communication	Technology (i) Foundation of Information Technology.

7. On 24.01.2017, CBSE (R-2) issued fresh guidelines in this regard. In addition to the above referred subjects (Annexure-I), as per these guidelines, the persons suffering from dislexia and other disabilities were given option of one compulsory language and four additional subjects out of the following.

“Mathematics, Science, Social Science, another language, Music, Painting, Home Science, Foundation of Information Technology, Commerce(Elements of Business), Commerce (Elements of Book Keeping and Accountancy),E-Publishing and E-Office( English),E-Publishing and E-Office( Hindi), Inform