SRI SAMIRAN KAIBARTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Judgment of the Court was as follows:

(2.) Both the writ petitioners are minors and are siblings who are represented by their mother. The writ petitioners reside at village and Post Office - Kalabani, Police Station - Hura in the district of Purulia. The petitioner No. 1, Samiran Kaibarta was born in the year 1992. The petitioner No. 2, Chandana Kaibarta was born in the year 1993.

(3.) The brother and sister writ petitioners as also their three other sisters were all born blind. They hail from an extremely economically handicapped family, which is in dire need of financial help. Overcoming all odds, the writ petitioners not only pursued their studies, but also participated in extra-curricular activities such as annual sports conducted by the Blind Academy, Burdwan as also the West Bengal Government or State Athletics Meet for the Handicapped. The brother and sister duo, with a view to appear in the Madhyamik Pariksha conducted by the West Bengal Board of Secondary Education (hereinafter referred to as the said Board), registered themselves with the said Board and obtained their Registration Certificates on 15th September, 2007. Being visually impaired and differently abled, the writ petitioners were entitled to get help by means of appointment of "amanuensis" by the Board, whose primary function is to write answers in the Board examination on their behalf. It has been stated by the writ petitioners that application forms for that purpose had no restrictions earlier regarding appointment of amanuensis. However, the situation suddenly changed in the year 2008 and a specific clause was incorporated in the form which reads as follows: