Give 20 grace marks to visually challenged student: HC

The court noted that the student was physically challenged and had 75 per cent low vision.

The Bombay High Court recently directed the Maharashtra State Board to give a grace mark of 20 to a physically challenged student with 75 per cent low vision, who had failed twice in two subjects in the HSC exams held last year.

The petition was filed by a student in June 2018, seeking direction for issuing a fresh mark­sheet in two subjects in the class 12 examination conducted in February­March of the academic year 2017. The student informed the court that she had failed in two subjects held in February-March 2017. Thereafter, she made another attempt in the month of July 2017, but she failed again.

The court noted that the student was physically challenged and had 75 per cent low vision. Acting Chief Justice Naresh H Patil and Justice G S Kulkarni passed an order on July 4, directing the committee of the Maharashtra State Board to take an appropriate decision. The committee, however, rejected the request of the petitioner and showed its inability to grant 20 marks to the petitioner’s result, under rule 102(2) of The Maharashtra Secondary And Higher Secondary Education Boards Regulations. The rule says that “…no result shall be amended after the expiration of six months from the date of declaration of the results.”

The petitioner’s lawyer told the court, “Some indulgence is required to be shown in the case, in view of the fact that the petitioner is suffering 75 per cent blindness. She is a handicapped student and if 20 grace marks are added to the result of the petitioner, she can be declared as “pass” and she will be in a position to study further.”

The court noted that giving 20 grace marks in the exams held in July 2017, won’t benefit the student, and so the grace marks should be given in the exams held in February-March 2017.

The bench noted, “It seems that the petitioner was not aware that the disability column was to be filled in, which would facilitate the Board to take necessary steps.” It observed, “…we are of the view that the requirement as contemplated in regulation 102(2) which stipulates that no result shall be amended after the expiration of six months from the date of declaration of the results, needs to be waived.” The court in its order said, “We are, therefore, inclined to issue directions to the respondent­ Board to add 20 grace marks to the subjects… of the 12th standard examination conducted in February­-March 2017. A fresh corrected mark­sheet shall be issued in favour of the petitioner.”