AVNI PRAKASH Vs. NATIONAL TESTING AGENCY (NTA)

JUDGEMENT

(1.) Introduction

(2.) This appeal arises from a judgment of a Division Bench of the High Court of Judicature at Bombay dated 29 October 2021. The High Court dismissed the appellant 's petition under Article 226 of the Constitution.

(3.) The appellant suffers from Dysgraphia, which is a specified disability listed in Entry 2(a) of the Schedule to the Rights of Persons with Disability Act 2016 ("RPwD Act 2016 " ). The appellant has been diagnosed with a 40 per cent permanent disability, falling within the statutory definition of a 'person with benchmark disability '(PwBD" ) under Section 2(r) of the RPwD Act 2016. The appellant claims that as a person with disability ("PwD" ), she is entitled to reasonable accommodation and certain relaxations. Among them is the benefit of "inclusive education" by a suitable modification to the examination system, as mandated by Section 17(i) of the RPwD Act, 2016. The Ministry of Social Justice and Empowerment has issued guidelines for conducting "Written Examination for Persons with Benchmark Disabilities" on 29 August 2018 (Guidelines on Written Examinations" ). These guidelines govern the examinations of all students covered by the RPwD Act 2016. They are to be followed by all examining authorities and educational institutions conducting regular or competitive examinations. The National Testing Agency - the first respondent, is responsible for conducting the National Eligibility cum Entrance Test ( "NEET" ) for admission to under-graduate medical courses. The appellant urges that the Guidelines on Written Examinations are referenced in clauses 5.3 and 5.4 of the Information Bulletin of the National Eligibility cum Entrance Test (UG)-2021("NEET Bulletin 2021" ) issued by the first respondent, and are hence binding on them.