Citation: Civil Appeal No. 273 of 2021 Special Leave Petition (C) No. 1882 of 2021
Court: Supreme Court of India
Bench: Dr. D. Y. Chandrachud
Date of Judgement: 11.02.2021
Facts of the Case:
The appellant was a student of disability he was deprived of his rights discussed in Rights of Persons with Disability Act 2016 (herein referred as RPWD Act) where he was bound to get an additional hour in NEET examination as he was diagnosed with Dysgraphia and he falls under the definition of benchmark disability of 40% permanent disability.
The respondent no.1, National Eligibility cum Entrance Test (NEET) has duty to make sure PwD students gets their rights and relaxations given under guidelines of Written Examinations and the same duty lies on the respondent no.2, an examination centre who lack required training and forcibly took answer sheet where the appellant is rightly entitled to additional hour.
The appellant filed writ petition under Article 226 of Constitution in High Court of Judicature at Bombay which dismissed the plea of the appellant, dissatisfied by the judgement she appealed the same in Supreme Court of India.
Issue:
- Whether rights and entitlements of a PwD can be restricted on the definition of benchhmark disability as a condition of eligibility?
Laws Applied:
- Section 2(s), 2(r) and Section 2(zc) of the RPwD Act, 2016
- Article 14 and Article 16(1) of the Constitution of India
Judgement of the Court
The High Court asked to provide a certificate to further proceed this case as mentioned by the learned counsel of respondent, knowing that the said certificate can only be given after the declaration of results. The appellant was unable to produce the certificate and consequently the High Court dismissed the petition. The appellant appealed the same in Supreme Court.
The Supreme Court said that the NEET clearly failed to perform its duties in case of a PwDs and should rectify the injustice by compensating her with extra marks or should adopt “no negative marks’ scheme
The Court held that as discussed in this case observed that the concept of benchmark disability is applicable in the context of the provisions contained in RPWD Act 2016, which is titled Special Provisions for Persons with Benchmark Disabilities and that these rights and entitlements which are conferred upon PwD cannot be constricted by adopting the definition of benchmark disability as a condition precedent
