Bombay High Court tells board to pass SSC student with learning disability

In a major relief to a secondary school certificate (SSC) student suffering from learning disability (LD), who was declared failed for scoring one mark less in her grade exams, the Bombay High Court on Monday directed the board to grant her the same and pass her. However, the court noted that this is an exceptional case and not a precedent.

A division bench of justice SC Dharmadhikari and justice Dr Shalini Phansalkar Joshi, while directing the board to grant one mark, said: "When the board offers other facilities to students suffering from learning disability, then why fail this student for one mark and discourage her."

The minor girl, a resident of Andheri (East), had approached the court challenging the result of the board failing her in the Information and Communication Technology grade exam. It was claimed in the petition by the student that she appeared for her SSC exams in March. In June, the online results showed she had passed in all subjects, but a note had shown that she failed in a grade exam. She applied for re-evaluation and getting photocopies of her answer sheets. While the answer sheets showed that she got 9 marks, the school informed her that in the practicals she had got 8 marks. Thus, the total of 17 marks out of 50 that she scored meant that she had failed only for one mark.

She wrote to the board for consideration along with the school certificate but the result remained unchanged. It was argued by her that there are several facilities provided to LD students under a scheme. The grade exam is also a written exam and thus the facility of grace marks be extended to this subject too.

The board had opposed the plea by stating that as per its policy and the schedule declared on January 8, the facilities to LD students do not cover grade exam — ICT, in which the student failed. Thus, one mark cannot be granted to her.

SY Chandekar, secretary, Mumbai Division Board, said, "the student failed board exam because of failing in ICT graded subject for one mark. I have not seen the court order. Whatever the court order comes, board will have to follow it."

How is ICT exam conducted

ICT is a 50-marks examination in which a 40-marks exam is conducted by the board and 10-marks practical exam is conducted by schools. This year, according to board officials in Mumbai, 9,720 students failed their SSC board exam due to failing in ICT. If a student gets 'D' grade, then s/he is declared fail