Delhi High Court directs CBSE to consider deaf student’s request for extra time to write Class 12 board exams

The high court further directed that the technical objection raised pertaining to the delay in making the application before the CBSE by the student shall not be an “impediment for considering” the student’s case on merits, as per the CBSE’s policy.

It directed that the board decides the student’s representation by March 10, considering her next board exam is scheduled on March 11.

The student had sought the quashing of a March 2 letter issued by the board, which had rejected the student’s application for a grant of extra time for writing the exams on the ground that the said “application was not uploaded by the school in due time”.

The student argued that she had been diagnosed with “sensorineural hearing loss, which is 77 per cent of hearing impairment in both the ears” under the Rights of Persons with Disability Act, 2016. She also argued that as per the CBSE’s rules, she was entitled to compensatory time for writing the examination and her father moved an application to the school principal for availing the same.

The court was told that the school had duly sent a letter to the CBSE requesting to provide compensatory time to the student. However, on March 2, “the CBSE in violation of its own guidelines and circular dated April 12, 2019 rejected” the application of the student. The CBSE submitted before the court that the said letter was issued, rejecting the case of the student “only on technical grounds”.

The CBSE submitted that considering the facts and circumstances of the case, the student’s plea can be treated as a representation by the CBSE, which it would consider.