Special assistance for all differently-abled students in exams: Kerala High Court issues notice to Centre, State

The Kerala High Court recently issued notice in a public interest litigation (PIL) seeking assistance in examinations for all differently-abled students, irrespective of the percentage of their disability. [Blessen Baby v. Union of India & Ors].The plea also sought the framing of rules for students in need of special assistance in State schools for the SSLC, first and second year Higher Secondary Examinations, without fixing any minimum percentage of disability for availing benefits under the Rights of Persons with Disabilities Act, 2016..A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly issued notice to the Central and State governments as well as the concerned education departments..The PIL, filed through Advocate Sheji P Abraham, was moved by a differently-abled student who was not allowed a scribe while writing the Class X SSLC examination in 2020.His request for a scribe as per Section 4(2) and 17(i) of the Right of Persons with Disabilities Act, 2016 was rejected by the authorities on the ground that the disability should be 40% or above to avail the assistance of a scribe.When he first approached the Court against the rejection of his request, it took note of the directions issued by the Supreme Court in Vikash Kumar v. Union Public Service Commission & Ors and directed the State government to re-visit and issue fresh guidelines, in line with he guidelines issued by the Union Ministry of Social Justice and Empowerment, as well as the directions issued by the Supreme Court. The petitioner subsequently passed his Class X and XII examinations with the aid of a scribe..Contending that the disability criteria is still 40% or above in State government schools for SSLC and Higher Secondary Examinations, and that the government has still not framed any rules for differently-abled students as directed by the Court, the petitioner moved the instant PIL seeking the following relief:To issue writ of mandamus directing the State government to frame rules for children in need of special assistance in the State schools for the SSLC, 1st and 2nd year Higher Secondary examinations, without fixing any percentage of minimum disability, for availing the benefits as provided under Section 4(2) and Sec. 17(i) of the Right of Persons with Disabilities Act, 2016;To declare that the Court's previous judgment is applicable to all students in need of special assistance in State schools;To declare that disability of the students in need of support shall be assessed by the authority as defined under Section 2(s) of the Right of Persons with Disabilities Act; andTo declare that all differently abled students studying in the State schools coming under the definition of Section (2)S of the Right of Persons with Disabilities Act are entitled to assistance for examinations..The matter will be considered next on August 23..[Read Order]