Siddhant versus State – A fight for disabled students
Aurangabad, March 9,
2018: The Central Board of Secondary Education (CBSE) has refrained from
striking down the circular dated 17/10/2017 except for Siddhant. The circular
will not affect rights of the disabled child and he can appear for exams for
the subjects he opted in standard 9 unlike other students who have to appear
for the exams as per the circular issued by the CBSE board which includes
change in the curriculum.
Siddhant Manudhane
suffering from dyslexia, dysgraphia and dyscalculic, disability in reading,
writing and understanding arithmetic which is learning disability. Student of
standard 10 at Kashinath Palod Public School at Jalgaon that is affiliated to
CBSE board under the control of Union of India. The regional office of CBSE is
at Chennai and the main board is at Prit Vihar, Delhi.
According to Writ
Petition No. 1744 of 2005, with a mutual agreement between the State Government
Educational and Authorities and all schools agreed to a scheme as per annexure
10 for giving exemtions, concessions and special facilities to the students
with learning disability. 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. 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, as against five for
others.
On 17/10/2017 CBSC Board
office, Delhi issued circular to all the institutes according to which the
subject No.s. 461 to 467 were discontinued (Siddhant’s subject no. 462-IT was
amongst them). The students were given option to choose the subjects having
code NO.s. 401 to 407 in place of their earlier subjects from 461 to 467. The
circular also provided select groups of subjects divided into five categories
for examination of standard 10th, according to which, out of
subjects having code nos. 165 and 166, only one can be chosen and subject no.
462 introduced as 402.
Now, Siddhant had problem
of choosing a totally new subject as an alternative for subject having code no.
165 or 166, and also to select one more subject in place of subject 462.
According to the circular, the common option of subjects should be as per list
of valid combinations. The schools were directed to complete the registration
process through on-line entry option only and list of candidates submitted
online could be corrected by submission of hard copy. Siddhant had approached
the school and put forth his difficulty in selecting new subjects and then
appearing for SCC exam with new subjects within a short time. It was a rule
that the school was bound to submit list of all the candidates and even in case
of single failure to register the entry, it would result in the non-registration
of the school. The principal of the school wrote a letter to the CBSE regional
office but there was no communication. In order, to avoid inconvenience to
other students, Siddhant chose the following two subjects. ‘Painting-49 in
place of IT-462’ and ‘Home science in place of Information and Communication
Technology-166’.
The learned counsel
Siddhant (petitioner) Mrs. Rashmi Kulkarni said that the circular dated
17/10/2017 is contrary to the rules of CBSE that 9th and 10th
standard are integrated courses. She also put up the argument that even for
ordinary students, it is very difficult to change the subjects in midst of the
year when the new subjects are totally unknown to them. In Siddhant’s case, he
is suffering from learning disability and his parents have tried hard to teach
the subjects to him. He had become familiar with the subjects selected by him
for 9th standard examination. It will be practically impossible for
him to prepare himself for the new subjects.
Therefore, the circular
dated 17/10/2017 should be quashed and Siddhant should be permitted to select
the subjects for which he had appeared In the 9th standard exam.
Summary of the Case:
Siddhant filed a petition
seeking quashing of circular dated 17/10/2017, to refrain the Board from
changing curriculum in the midst of academic year of 10th standard
students in view of the integrated course of 9th and 10th
year course, to accept the correct final registration slip dated 17/11/2017 of
the petitioner submitted by principal for class 10th examination in
March-2018, respondents to allow the petitioner to appear for 10th
standard examination with subjects chosen for by him for 9th
standard examination and other interim reliefs.
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