LAWS(CHH)-2016-7-103

SHUBHANG SHARMA Vs. UNION OF INDIA

Decided On July 27, 2016
Shubhang Sharma Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner is a student of B.A.L.L.B. Honours in the Hidayatullah National Law University, Raipur, respondent No.5. He suffers from learning disability (dyslexia). The object of preferring this writ petition is for seeking direction to the respondents to make arrangement for providing extra sufficient time for writing examination; in addition, the petitioner be permitted to write in margins i.e. Header and Footer and/or be exempted from appearing in those papers which are not taught in Law Colleges where the University grants degree of B.A.L.L.B. Course. Prayer is also made to grant 20 grace marks in view of the circular issued by the Government of India as also for issuance of direction to frame the rules with regard to the persons like the petitioner who is suffering from learning disability (dyslexia).

(2.) The petitioner successfully appeared in the Common Law Admission Test Examination (for short 'CLAT') held in the year 2010 and since then he is continuing his B.A.L.L.B. Course in respondent No.5 University. In the entire 5 years course, a student is required to clear 56 subjects in which the petitioner has already appeared, however, he has cleared 36 subjects/papers despite having difficulty in writing as he suffers from learning disability (dyslexia). The certificate issued by the National Institute of Mental Health and Neuro Sciences Bangalore dtd. 6/9/2004 has been filed as Annexure-P/1 which reads thus:-

(3.) From perusal of the above certificate, it would appear that the petitioner is very slow in writing. He was thereafter examined by All India Institute of Speech and Hearing where also he was found to suffer from defect of slow writing. During examination, he was found to have very tight and close to nib grip of the pen for which he reports of excessive pain in the wrist (right) after writing around 15 words of a passage. Both the institutions have otherwise found the petitioner to be a bright child with high intelligence. There are other certificates annexed with the writ petition more or less having the same finding about his slowness in writing.