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2021 Supreme(Ker) 253

A.K.JAYASANKARAN NAMBIAR, GOPINATH P.
State of Kerala – Appellant
Versus
Blesson Baby (Minor) – Respondent


Advocates Appeared:
For the Appellants : Government Pleader (Raji T. Bhasker)
For the Respondent: Sheji P. Abraham

JUDGMENT :

Gopinath P., J.

1. This appeal arises from the judgment of a learned Single Judge of this Court in W.P.(C).No.4499/2020. The Writ Petition was filed by one Blessen Baby, a minor represented by his next friend & father Sri.Baby. M.C. The grievance of the writ petitioner was that his request for the assistance of a scribe, and for extra time to complete the SSLC examination, was rejected, purportedly with reference to certain guidelines issued by the Government regarding the conduct of SSLC examinations in the State of Kerala. It is the specific case of the petitioner that the guidelines cannot run counter to the provisions of the Rights of Persons with Disabilities Act, 2016 [hereinafter referred to as the ‘Act’].

2. The learned Single Judge, on a consideration of the matter, found that the right to get the assistance of a scribe and for extra time to complete the SSLC examination was, in terms of the provisions contained in S.17(i) of the Act, to be extended to ‘persons with disability’ as defined in S.2(s) of the Act and not only to persons with a ‘benchmark disability’ as defined in S.2(r) of the Act. Accordingly, the Writ Petition was allowed, and appropriate directions

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