RACHNA D SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PETITIONER Rachna D. Shah, represented by her maternal grand-father, is a person with disabilities entitled to the protection under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for brevity "the Disabilities Act" ). Petitioner was born on 22. 11. 1992 with 94% hearing impairment. In spite of her disability, she faced life with courage and determination. Physical disabilities did not deter her in exhibiting her talents in arts and music. She passed Prarambhik Exams in vocal and instrumental (Harmonium) with first class from Gandharva Maha Vidhyalay. Petitioner has also various stage performances to her credit. Petitioner has good knowledge of computers and has also achieved skills in skating, art skating, road cycling, stitching, embroidery, handicraft, folk dance, group dance.

(2.) PETITIONER, though having 94% hearing impairment, did not gave-up her studies as well. She cleared 10th standard examination in Gujarati medium, her mother tongue. Petitioner then secured admission for Diploma in Electronics and Communication in Government Polytechnic for Girls at Ahmedabad for the academic year 2008-2009 and in the academic year 2009-2010, petitioner was transferred to Government Polytechnic, Ambawadi, Ahmedabad. Polytechnic Colleges are covered under Centrally Sponsored Scheme envisaged by the Ministry of Human Resource, Government of India in accordance with National Policy on Education, 1986 and the Persons with Disability Act, 1995.

(3.) GOVERNMENT Polytechnic Colleges conduct Diploma Courses in various subjects. Diploma Course in which petitioner was admitted is a three year course consisting of six semesters. Examination for the students admitted till 2007 was conducted by Technical Examination Board, however, with the establishment of Gujarat Technological University in 2008, examinations are being conducted by the University for students enrolled from 2008 onwards. Examination of the first semester was held in January, 2009, which consisted of six subjects. Petitioner was reported failed in all the six subjects and was given FF Grade. University has provided remedial tests for maximum three subjects. A student can have maximum four backlogs/ff Grade pending, which means that after taking remedial tests in a particular semester if a student is declared as failed in four subjects, he can still appear for the examination of the next semester. Remedial test for the first semester was conducted on 27. 3. 2009, in which petitioner took remedial test of three subjects, namely - Engineering, Drawing, Mathematics-I and Essentials of Environment and Siesmic Engineering. Petitioner was declared passed in one subject, namely - Essentials of Environment and Siesmic Engineering and was declared failed in Engineering, Drawing and Mathematics-I, resulting in backlog of five subjects with FF Grade. Petitioner appeared in the mid semester test of second semester in which she secured 64. 7% marks, but she was not allowed to attend the classes w. e. f 18. 4. 2009 i. e. after declaration of result of remedial test.