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2010 Supreme(Cal) 230
HIGH COURT OF CALCUTTA
BISWANATH SOMADDER, J.
PAYEL SARKAR
VS.
CENTRAL BOARD OF SECONDARY EDUCATION
W. P. No. 3956 (W) of 2010
Decided On: MARCH 3, 2010
Students with special learning disabilities should not be deprived of educational opportunities due to rigid attendance requirements. Educational institutions and boards should develop guidelines and support systems to accommodate and address the needs of such students.
Headnote:
EDUCATION - ATTENDANCE REQUIREMENT - CONDITIONAL WAIVER - STUDENT WITH SPECIAL LEARNING DISABILITY - CBSE GUIDELINES - COURT DIRECTIVE:
Fact of the Case:
The petitioner, a student with special learning disabilities, was denied permission to appear for the AISSCE-2010 due to shortage of attendance. The school principal cited CBSE rules requiring a minimum attendance percentage for exam eligibility.
Finding of the Court:
The court acknowledged the petitioner's learning disabilities and the need for a more inclusive educational system that caters to students with special needs. It found that the CBSE guidelines were inadequate in addressing the needs of such students.
Issues: 1. Whether the petitioner's attendance shortage could be condoned due to her special learning disabilities, allowing her to appear for the AISSCE-2010. 2. Whether the CBSE guidelines adequately addressed the needs of students with special learning disabilities.
Ratio Decidendi: 1. The court held that the petitioner's learning disabilities constituted an exceptional circumstance warranting the condonation of her attendance shortage. 2. The court found the CBSE guidelines to be insufficient in addressing the needs of students with special learning disabilities, calling for the development of new regulations and guidelines to cater to such students.
Final Decision: The court directed the school principal to recommend the petitioner's case for attendance condonation to the CBSE Chairman, who was empowered to make a final decision. The court also ordered the principal to hand over the petitioner's admit card, allowing her to participate in the AISSCE-2010 pending the Chairman's decision.
( 2 ) THE writ petitioner is a student of Class xii of Kendriya Vidyalaya, Fort William. Sometime during the last week of January, 2010, the mother of the writ petitioner was informed by the school that the writ petitioner would not be allowed to appear for the ensuing All India Senior School Certificate Examination (hereinafter referred to as aissce-2010), due to shortage of attendance in school. Thereafter, the writ petitioner's mother made several representations before the Principal, Kendriya Vidyalaya, Fort William; the Assistant Commissioner, Regional office, Kendriya Vidyalaya Sangathan and the Regional Officer, Central Board of Secondary Education (hereinafter referred to as the said 'board'), with a request to allow the writ petitioner to sit for the AISSCE-2010, upon condoning the shortage of attendance on medical grounds, so that her academic career was not jeopardised.
2a. In paragraph 18 of the writ petition, it has been specifically stated that the Principal of the school, on or about 17th February, 2010, asked the mother of the writ petitioner to come to school and was handed-over a letter dated 21st January, 2010, (being annexure P-4 of the instant writ petition), whereby the mother was informed by the principal of the school that the writ petitioner's attendance was only 59% and therefore, as per CBSE Rule, she could not appear in the ensuing AISSCE-2010.
( 3 ) THE writ petitioner, thereafter approached this Court by filing the instant writ petition praying, inter alia, for a direction upon the respondents to allow her to appear in the ensuing AISSCE-2010 which is scheduled to commence on and from 10th March, 2010.
( 4 ) WHILE perusing the instant writ petition, including copies of documents annexed, it appear that since the year 2000, the writ petitioner has been undergoing medical treatment, and psychological counselling for her poor scholastic performance. She has been also subjected to Special Learning Assessment conducted by an educational therapist on 10th October, 2006. The conclusion reached by the therapist, upon conducting psycho-educational assessment on her, reads as follows :
"conclusion : payel's poor performance could be attributed to poor reading skills resulted in low performance which in turn has made her motivation low. High level of impulsivity. Poor frustration tolerance. Inadequate development of study skills.- Poor sense of responsibility. "
( 5 ) IN the same assessment report, the therapist has recorded the psycho-educational assessment tool for High School, which reads as follows :
"organization skill: Adequate visual reasoning: Adequate numerical concepts : Adequate listening comprehension : Adequate reading: Mildly deficited written Expression : Poor for Grade X"
( 6 ) THE assessment made by a consultant psychiatrist on 4th September, 2009, shows her to be deficient in studies, coupled with irritability and mistakes, especially in respect of vowels. The same consultant, on 30th january, 2010. made a further evaluation, wherefrom it appears that the writ petitioner was exhibiting significant and high fear of the ensuing examinations, which is due to commence from 10th March, 2010.
( 7 ) BASED on a broad conspectus of the facts as narrated above, it is more than clear that the writ petitioner is a student with special needs and may be suffering from 'special learning Disability'. Her poor attendance in the school can be attributed to her mental orientation, since it is clear from the psychiatric evaluation done by an expert that she has developed a sort of phobia, as the date of examination approaches near.
( 8 ) NOW the issue that comes up for consideration before this Court is whether in such a fact-situation, the deficit of attendance could be condoned, otherwise, the writ petitioner will not be able to appear in the ensuing AISSCE-2010.
( 9 ) HOWEVER, before deciding this aspect of the matter, I am of the opinion that the facts as state
