1 S.B.CIVIL WRIT PETITION NO.4092/2010. Kumari Khushboo Goyal. VS C.B.S.E., Ajmer & Ors. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.4092/2010. Kumari Khushboo Goyal. VERSUS The Central Board of Secondary Education, Ajmer and Others. 23.03.2010. HON'BLE MR.JUSTICE DALIP SINGH Mr.Manoj Bharadwaj, for the petitioner. Mr.Virendra Lodha, for the respondent No.1 and 2. ***** This writ petition has been filed by the plaintiff who is a minor and a student of Saint Marry's Convent Senior Secondary School, Ajmer with the prayer that in accordance with the Bye-law No.24 of the Central Board of Secondary School, New Delhi permitting the class of students who are spastic, blind, physically handicapped and dyslexic children, they may be given additional time of 60 minutes for each paper during the examinations held by the Board. The case of the petitioner is that the petitioner is suffering from neuron vision illness since 15.01.2010 and on account of which she suffers from a physical handicap which would be covered under Bye-law No.24 and should, therefore, be given an additional time of 60 minutes to complete the paper during examination. Since the examinations have already commenced and remaining two papers are scheduled to be held on 2 S.B.CIVIL WRIT PETITION NO.4092/2010. Kumari Khushboo Goyal. VS C.B.S.E., Ajmer & Ors. 25th and 29th of March, 2010 respectively, the court gave notice to the standing counsel for the Central Board of Secondary Education Shri Virendra Lodha and asked him to appear in the matter and he has appeared in pursuance of the same. Learned counsel for the petitioner relied upon the certificate (Annexure-2) given by the Medical Board constituted by the Superintendent, J.L.N. Hospital, Ajmer to show that the petitioner is suffering from left facial hemispasm. However, it is not clear as to in which of the categories under Bye-law No.24, the aforesaid deficiency would fall. It is, therefore, felt necessary that the Superintendent, J.L.N. Hospital, Ajmer should reconstitute a Medical Board immediately on the receipt of the certified copy of this order and after examining the petitioner give a specific finding whether the petitioner falls within the exempted category under Bye-law No.24 so as to entitle the petitioner for an additional time of one hour (60 minutes) for the completion of each paper during examination. For ready reference, Bylaw No.24 is quoted hereinabove:- “24. Exemption to spastic, blind, physically handicapped and dyslexic children (i) Blind, Physically Handicapped and Dyslexic student appearing for the Secondary School Examination or Senior School Examination is permitted to use an amanuensis and shall be allowed an additional one hour (60 minutes) time for each paper. 3 S.B.CIVIL WRIT PETITION NO.4092/2010. Kumari Khushboo Goyal. VS C.B.S.E., Ajmer & Ors. (ii) The Board will consider the Physio- therapic exercises as equivalent to Physical and Health Education course of the Board. (iii) Dyslexic, Spastic candidates and candidates with visual and hearing impairment have the option of studying one compulsory language as against two. This language should be in consonance with the overall spirit of Three Language Formula prescribed by the Board. Besides one language any four of the following subjects be offered: Mathematics, Science and Technology, Social Science, another language, Music, Painting, Home Science and Introductory Information Technology.” Learned counsel Shri Lodha does not oppose the aforesaid request. In view of the above it is directed that- (1) the Superintendent, J.L.N.Hospital, Ajmer would constitute a Medical Board immediately and examine the petitioner and give an opinion as to whether the petitioner falls in the exempted category as mentioned in the Bye-Law No.24, quoted hereinabove; (2) the Medical Board be constituted by the Superintendent, J.L.N.Hospital, Ajmer on 24.03.2010 itself as the petitioner has to take the examination on 25.03.2010 and a copy of the report be handed over to the petitioner on the same day. Since there is no holiday of the respondents No.1 and 2 on 24.03.2010, the petitioner can approach the respondents No.1 and 4 S.B.CIVIL WRIT PETITION NO.4092/2010. Kumari Khushboo Goyal. VS C.B.S.E., Ajmer & Ors. 2 on the very same day, who would issue necessary orders, if required in terms of the certificate on the same day; and (3) the petitioner is permitted to approach the respondents No.1 and 2 with the aforesaid report/certificate issued by the Medical Board in terms of this order and who would in turn issue necessary instructions to the Center Superintendent of the Center where the petitioner is required to take examination. The writ petition accordingly stands disposed of with the above directions. The orders of the learned court below stand modified accordingly. (DALIP SINGH),J. Solanki DS, Jr.P.A.