JUDGMENT : 1. Pursuant to the earlier order of this Court, the petitioner’s son, namely, Sankalpa Das (in short Sankalpa) was re-admitted and allowed by the authorities of Kendriya Vidyalaya, Ballygunge (in short the school) to attend his classes on and from 4th December, 2017 upon acceptance of re-admission fees. 2. Indisputably, Sankalpa is suffering from Dyslexia. Such fact is explicit from the medical documents annexed to the writ petition. Even in the month of September, 2017 it has been certified by the Psychologist attached to the Department of Psychiatry at Calcutta National Medical College and Hospital that Sankalpa had been long suffering from moderate obsessive-compulsive disorder, dyslexia, discalculia. In the said certificate it has also been stated that Sankalpa has the ability to continue his higher study but he needs social support-empathy from parents and school and needs special education to perform better. 3. Records further reveal that in view of such severe ailments, it was not possible for Sankalpa to continue with all the subjects he had opted for at the secondary level. As such, the school authorities and the Central Board of Secondary Education (in short the Board) allowed him to study Painting in place and stead of Mathematics and thereafter he completed his course and ultimately emerged to be successful in the Class X examination conducted by the Board. 4. Drawing the attention of this Court to the document at page 24 of the writ petition, Mr. Mukhopadhyay, learned advocate appearing for Sankalpa submits that at the time of admission in Class XI of the said school in the academic session 2017-18, Sankalpa was allowed to exercise option for the subjects of English, Geography, Painting, Music and Home Science. When he was continuing with his studies on the basis of such subject allotment, he was asked to fill the pro-forma application for registration as a student of the said school to appear in Class XII examination to be conducted by the Board. At that juncture the school authorities surprisingly denied to accept the option exercised by Sankalpa pertaining to the subjects of Home Science and Music. 5. According to Mr. At that juncture the school authorities surprisingly denied to accept the option exercised by Sankalpa pertaining to the subjects of Home Science and Music. 5. According to Mr. Mukhopadhyay, the entire issue needs to be considered sympathetically in terms of the revised instructions of exemptions/concessions to be extended to differently abled candidates for Classes X & XII as introduced by the Board vide circular dated 24th January, 2017 on the basis of the Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as the said Act of 2016). The object of the said Act is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities. Shortage in attendance and inability to study certain subjects cannot forestall the right to education of a differently abled child. In support of such contention reliance has been placed upon a judgment delivered in an earlier writ petition being W.P. No. 3956 (W) of 2010. By the said judgment the Court directed the Principal of Kendriya Vidyalaya, Fort William to treat the case of the writ petitioner therein as a special case and to forward her recommendation for condonation of shortage of attendance to the Chairman of the Board. 6. Mr. Bag, learned advocate appearing for the school authorities submits that they have all sympathies for Sankalpa. However, it is not possible for them to allow Sankalpa to opt for the subjects of Home Science and Music since the school does not have the appropriate infrastructure to teach the said subjects. Music has a theory part of 30 marks and a practical part of 70 marks. 7. He suggests that in the event in respect of the said subjects of Music and Home Science, Sankalpa avails a ‘No Objection Certificate’ towards assessment of theory and practical papers pertaining to the said subjects from any other institute affiliated to the said Board, in that event the entire dispute might be resolved. 8. Mr. Menon, learned advocate appearing for the Board submits that if the Principal of the said school recommends and forwards Sankalpa’s claim in terms of the revised instructions, the Board shall certainly consider the issue sympathetically. However, as the academic session has already commenced from the month of June, 2017 and as Sankalpa had been absent for a substantial period, he might be facing the bar pertaining to attendance requirement. 9. However, as the academic session has already commenced from the month of June, 2017 and as Sankalpa had been absent for a substantial period, he might be facing the bar pertaining to attendance requirement. 9. In reply, Mr. Mukhopadhyay submits that as the school is finding it difficult to register Sankalpa in the subject of Home Science, he is ready and willing to study the subject of Informative Practice (in short IP) in place and stead of Home Science. Accepting such submission, the school authorities agree to allow Sankalpa to study IP in place and stead of Home Science. 10. In the said conspectus, the only issue which remains to be decided is as to whether Sankalpa can be allowed to study Music as a combination subject and to be registered as a regular student of the said school to appear in the class XII Board examination. 11. Specified disability defined in Section 2(zc) of the said Act of 2016 means the disabilities as specified in the Schedule. Para 2(a) of the said Schedule reads as follows: (a) “specific learning disabilities” means a heterogeneous group of conditions wherein there is a deficit in processing language, spoken or written, that may manifest itself as a difficulty to comprehend, speak, read, write, spell, or to do mathematical calculations and includes such conditions as perceptual disabilities, dyslexia, dysgraphia, dyscalculia, dyspraxia and developmental aphasia. 12. Thus it is explicit that dyslexia is a specified disability under the said Act of 2016. 13. Clause B(II) Serial no.(1) of the circular dated 24th January, 2017 issued by the Board pertains to “Flexibility in Choosing subjects” and reads as follows: “Bona-fide residents of Delhi appearing as Private candidate as per provisions of Examination Byelaws cannot take subjects having Practical Component. However, candidates with disabilities as defined in the Examination Bye-laws have the option of taking Music, Painting, Home Science as the subjects of study.” 14. Clause E(iii)(note) of the Education Code for Kendriya Vidyalayas reads as follows : “Students may offer any subject as prescribed by the CBSE provided 15 or more students opt from the same. However, a student can also opt for any other subjects other than the above, even if the number of students is less than 15, provided he/she makes his/her own arrangement for study. This applies for both compulsory and elective subjects” 15. However, a student can also opt for any other subjects other than the above, even if the number of students is less than 15, provided he/she makes his/her own arrangement for study. This applies for both compulsory and elective subjects” 15. A perusal of the registration application reveals that in the same a rider was incorporated by the school authorities to the effect “subject requested not available, parents please note if three subjects he will study by himself then there is no use of regular studies". 16. Drawing the attention of the Court to the averments made in paragraph 4 of the writ petition, Mr. Mukhopadhyay submits that the parents of Sankalpa are even ready to bear the expenses of the teacher if engaged to teach the special subject. 17. Heard the learned advocates appearing for the respective parties and considered the materials on record. 18. There is no certainty as to whether the student can obtain no objection certificate from another institution pertaining to the subject of Music and in the event he ultimately fails, he would have to suffer unsurmountable inconvenience and even loss of an academic year. Thus the suggestion of Mr. Bag to that effect is not acceptable to this Court. 19. In terms of Clause E(iii)(note) of the Education Code for Kendriya Vidyalayas and in furtherance of the object of the said Act of 2016, it is the duty of the school to restock and replenish the lack of infrastructure, if any to teach the subject of Music. 20. In view of the severe ailments suffered by Sankalpa, the provisions of the said Act of 2016, the exemptions/concessions as extended by the Board to candidates, who are differently abled and the Education Code of Kendriya Vidyalayas, I am of the opinion that the authorities should desist from entering into antagonistic controversies and as an exceptional case, the respondents should allow Sankalpa to study the subject of Music together with the subjects of English, Geography, Informative Practice and Painting and to be registered as a regular student of the said school in the said subjects and to appear in the class XII Board examination. 21. Accordingly, this Court directs the school authorities to allow Sankalpa to study Music and to fill up the registration form in the subjects of English, Geography, Informative Practice, Painting and Music. 21. Accordingly, this Court directs the school authorities to allow Sankalpa to study Music and to fill up the registration form in the subjects of English, Geography, Informative Practice, Painting and Music. The Principal of the said school is also directed to recommend such registration and forward the same to the Chairman of the said Board as an exceptional case and in view of the observations made above. 22. The above exercise shall be completed by the school authorities within a week after reopening of the school after the X-mas vacation. 23. It is made clear that in the event there is any difficulty in submitting the registration form online, as a special case, the form may be submitted offline and the Board shall accept the same. 24. The Board is also directed to condone the deficiency in attendance of Sankalpa and to grant registration in his favour and allow him to appear in the Class XII Board examination as a regular student of the said school in respect of the five subjects, namely, English, Geography, Informative Practice, Painting and Music. 25. This order has been passed in the peculiar facts and circumstances of the case and the same shall not be treated as a precedent. 26. With the above observations and directions, the writ petition is disposed of. 27. There shall, however, be no order as to costs.