The principle of reasonable accommodation for candidates with disabilities must be strictly adhered to in the examination process.

ORDER (ORAL)

Hon’ble Mr. Manish Garg, Member (J)

In the present Original Application filed under Section 19 of the Administrative Tribunals Act , 1985, the applicant seeks the following reliefs:-

“A. Pleased to quash or amend Marks details of Applicant bearing Roll No.2201176903 of Combined Higher Secondary (10+2) Level Examination, 2022 wherein In the marks details the column whether exemption from typing test has been granted is kept blank (Annexure-A-1.);

B. direct the respondents to issue a fresh marks sheet of the Applicant bearing Roll No.2201176903 of Combined Higher Secondary (10+2) Level Examination, 2022 suitably filling in the column which is lying blank regarding exemption from typing test.;

C. direct the respondents to consider and declare merit of the applicant in the Combined Higher Secondary (10+2) Level Examination, 2022 after taking into account exemption in the Typing Test;

D. pass such other and further order/orders as this Hon'ble Tribunal may deem just and proper in the facts and circumstances of the case; and

E. award costs of the O.A.

2. Highlighting the facts of the case, learned counsel for the applicant submits that the applicant appeared for the examination of the Combined Higher Secondary (10+2) Level Examination, 2022 conducted by the competent authority. It is submitted that the applicant is a person with a disability to the extent of 54% and therefore falls within the category of candidates entitled to certain relaxations and accommodations as per the applicable rules and guidelines governing the examination process.

2.1 Learned counsel further submits that the applicant applied under the category UR+OT+LW/Y(O) Cert req. and duly participated in the examination process. It is further submitted that the skill test in the form of a typing test was scheduled and conducted on 26.06.2023.

2.2 Learned counsel contends that, in view of his physical condition and disability, the applicant has submitted the prescribed certificate regarding physical limitation for an examinee, which has been placed on record at Annexure-I (page 29). The said certificate reads as under:

“This is to certify that, I have examined Mr. MOHAMMAD SAQIB (name of the candidate with disability), a person with Post Head Injury Right Hemiparesis 54% (Nature and percentage of disability as mentioned in the certificate of disability), S/o Mohammad Rais a 141, Azad Apartments resident III I.P. Extension, Patpar Ganj Delhi 110092 (Village/District/State) and to state that he/she has physical limitation which hampers his/her writing capabilities owning to his/her disability.”

2.3 Learned counsel further submits that the above certificate was submitted along with an undertaking by the applicant, which reads as under:

"I Mohammed Saqib Roll No. 2201176903 am a candidate of CHSL-2022 Examination and would like to avail exemption from the requirement of appearing and qualifying in Skill Test, in accordance with Para 14.9.7.6.7 of examination Notice, as I am permanently unfit to take the typing test because of physical disability. I am herewith attaching a copy of requisite certificate in prescribed format (Annexure- XIV), issued by competent medical authority i.e. a civil surgeon of a Government health care institution along with relevant medical certificate in prescribed format.

I also undertake that I will produce all these documents in original at the time of document verification. If I fail to produce the same, my candidature will be canceled and I will have no claim against any posts."

2.4 Learned counsel for the applicant further submits that the applicant had also produced the relevant documents placed on record as Annexure-A-8 (colly.) (page 34) is