PAYEL SARKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this Writ Petition, the Petitioner, Payel Sarkar, has prayed for the issuance of a Writ of or in the nature of a Writ of Mandamus commanding upon the Respondent No. 3 (INdian INstitute of Hotel Management, through its Principal, Taratalla Road, Kolkata) to admit her as a student on the basis of her selection in the Joint Entrance Examination, 2011. She has also prayed that the Respondent No. 3 should be Ordered to treat her Medical Reports as sufficient Certificates for purposes of being admitted.

(2.) THE Petitioner has stated that she suffers from a learning disability, commonly known as "DYSLEXIA". It appears that the Petitioner was a student of Class " 12 of the Kendriya Vidyalaya at Fort William, but was informed sometime in January, 2010 that she would not be allowed to appear in the All India Senior School Certificate Examination due to shortage of attendance in school. THE mother of the Petitioner made several representations before various authorities including the Principal, the Assistant Commissioner, Regional Office, Kendriya Vidyalaya Sangathan requesting them to allow her to appear in the said examinations after condoning the attendance on medical grounds. It further appears that on or about 21st January, 2010 a letter was handed over to the mother of the Petitioner informing her that since Payel"s attendance was only 59%, she would therefore not be allowed to appear in the said examination.

(3.) ON 20th January, 2011, the Petitioner was examined by a Medical Board of the Kolkata Medical College Hospital and according to the opinion of the Board, Payel was suffering from learning disorder and that she needed continuous supervision and support for continuing the academics. This would be evident from Annexure "P-3". ON 17th February, 2011 the Petitioner got herself examined by a clinical Psychologist whose assessment was that Payel was suffering from specific learning disorder " reading disorder and disorder of written expression. Thereafter, on 13th April, 2011 the Petitioner approached the Handicapped Board, but the Associate Professor, Department of Psychiatry, however, gave an opinion that at present there is no provision to issue Disability Certificate in the case of special learning disorder but however, she is referred to NIMH, Kolkata for opinion regarding provisions of Handicapped Certificate according to the Persons with Disability Act. Thereafter the Petitioner went to the National Institute for mentally Handicapped Regional Centre, Kolkata and registered herself for getting a Disability Certificate. However, the authorities of the said Institute informed her that it was not authorized to issue such a Disability Certificate.