AVNI PRAKASH versus NATIONAL TESTING AGENCY (NTA) & ORS

AVNI PRAKASH versus NATIONAL TESTING AGENCY (NTA) & ORS

The appellant, a person with dysgraphia and 40% disability, was wrongfully deprived of the compensatory one hour mandated by the Guidelines for Written Examinations and by para 5.4(b) of the NEET Bulletin 2021; the NEET Bulletin and the Ministry Guidelines distinguish examination-stage accommodations (available to PwD) from admission-stage certification (Appendix VIII-A/Appendix VIII-B relevant at counselling/admission), and the High Court erred in treating Appendix VIII-A as a prerequisite for examination accommodations; while a re-examination for a single candidate is refused because of impracticality and prejudice to other candidates, the testing agency (NTA) must, within the timeframe...

Parties
Appellant: Avni Prakash; First Respondent: National Testing Agency (NTA); Second Respondent: Thakur College of Engineering and Technology, Kandivali (designated centre)
Jurisdiction
India
Judgment Date
23 November 2021
Procedural Posture
Civil Appeal (civil Appeal No.7000 of 2021) / Appeal From Judgment of the High Court of Judicature at Bombay Dated 29.10.2021 in Writ Petition (l) No.21578 of 2021
Outcome
Appeal disposed of: re-examination denied; directions issued to NTA to consider remedial steps for the appellant and to clarify and implement accommodations and training measures
Legal Topics
Rights of Persons With Disabilities Act 2016, Reasonable Accommodation, Inclusive Education, Entrance Examination Accommodations, Compensatory Time, Benchmark Disability, Reservation in Higher Education
Disability Law Education Law Administrative Law Constitutional Law Rights of Persons With Disabilities Act 2016 Reasonable Accommodation Inclusive Education Entrance Examination Accommodations +3 more

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Parties

Avni Prakash

Appellant

National Testing Agency (NTA)

First Respondent

Thakur College of Engineering and Technology, Kandivali (designated centre)

Second Respondent

Procedural Posture

Civil Appeal (civil Appeal No.7000 of 2021) / Appeal From Judgment of the High Court of Judicature at Bombay Dated 29.10.2021 in Writ Petition (l) No.21578 of 2021

Legal Issues

  1. 1 Whether appellant (PwD with dysgraphia) was entitled to one hour compensatory time under the RPwD Act 2016, Guidelines for Written Examinations (29.08.2018) and NEET Bulletin 2021
  2. 2 Whether the requirement of an Appendix VIII-A certificate from designated centres (Appendix VIII-B) is a precondition for examination-stage accommodations
  3. 3 Distinction and applicability of rights to 'person with disability' (PwD) and 'person with benchmark disability' (PwBD)

Ratio Decidendi

The appellant, a person with dysgraphia and 40% disability, was wrongfully deprived of the compensatory one hour mandated by the Guidelines for Written Examinations and by para 5.4(b) of the NEET Bulletin 2021; the NEET Bulletin and the Ministry Guidelines distinguish examination-stage accommodations (available to PwD) from admission-stage certification (Appendix VIII-A/Appendix VIII-B relevant at counselling/admission), and the High Court erred in treating Appendix VIII-A as a prerequisite for examination accommodations; while a re-examination for a single candidate is refused because of impracticality and prejudice to other candidates, the testing agency (NTA) must, within the timeframe...

Court Disposition

Appeal disposed of: re-examination denied; directions issued to NTA to consider remedial steps for the appellant and to clarify and implement accommodations and training measures

Orders

  • Relief seeking a re-examination for the appellant denied
  • First respondent (NTA) directed to consider steps to rectify the injustice to the appellant within one week and to take necessary consequential measures under intimation to the Directorate General of Health Services (DGHS)