Srikrishna v. Karnataka State Law University Navanagar Hubballi Karnataka
2023-03-27
HEMANT CHANDANGOUDAR
body2023
DigiLaw.ai
JUDGMENT/ORDER Hemant Chandangoudar, J. - This petition is filed challenging the order dated 30.09.2022 passed by the respondent by which the petitioner's request for providing objective questions instead of descriptive questions to write the examination of 5 Years Integrated B.A., LLB degree was rejected on the ground that the said provision is only applicable to the students who are hearing impaired. 2. Heard the learned counsels for the parties. 3. The relevant guideline issued by the Ministry of Social Justice and Empowerment, Department of Empowerment of persons with disabilities (Divyangjan) dated 29.08.2018 reads as follows: XVI. Alternative objective questions in lieu of descriptive questions should be provided for Hearing-Impaired persons, in addition to the existing policy of giving alternative questions in lieu of questions requiring visual inputs, for persons with visual impairment. 4. A reading of the above indicates that, there is a provision which already exists for providing objective questions instead of descriptive questions to the visually impaired. Hence, the contention of the University that the provision is only applicable to the students who are hearing impaired is not acceptable. 5. Section 2 (r) of the Rights of Persons with Disabilities Act 2016 specifies that the person with benchmark disability means a person with not less than forty percent of a specified disability where specified disability has not been defined in measurable terms and includes a person with disability where specified disability has been defined in measurable terms, as certified by the certifying authority. 6. In the instant case, the petitioner has produced the disability certificate issued in the year 2016 certifying that the petitioner is suffering from low vision to an extent of 10 percent. The petitioner's case is that as on today the low vision is more than 40 percent. However, he has not produced any documents to substantiate that he is suffering from low vision to an extent of more than 40 percent. I am of the view that it would be appropriate if the petitioner is subjected to examination by the Medical Board concerned to certify whether the petitioner is suffering from low vision to the extent of 40 percent or more. 7. Accordingly, petition stands disposed of directing the respondent to subject the petitioner for medical examination by the Chief Medical Officer/Civil Surgeon/Medical Superintendent of the Government health care institution on or before 28.03.2023. 8.
7. Accordingly, petition stands disposed of directing the respondent to subject the petitioner for medical examination by the Chief Medical Officer/Civil Surgeon/Medical Superintendent of the Government health care institution on or before 28.03.2023. 8. In the event the petitioner is certified that he is suffering from low vision to an extent of 40 percent or more, the respondent-University to provide objective questions instead of descriptive questions to the petitioner for the III Sem LLB examination scheduled to be held on 29.03.2023 or suitable date extended by the respondent-University for conducting examination to the III Sem examination to the visually impaired student with low vision to the extent of 40 or more percent.