Gokhale H.L., J.
1. Heard Ms. Sidhwa for the petitioner, Ms. Paranjape appears for respondent No. 2 and Ms. Saigal appears for respondent No. 1.
2. This petition is filed by a person who suffers from a disorder of movement and posture which is known as 'Cerebral Palsy'. In view of this difficulty, it affects the normal functioning of bones, muscles and joints and also the communication skills. Inspite of these handicaps, the petitioner has completed his education upto graduation in commerce and has also passed the examination for Foundation Course for the Chartered Accountants Examination. He wants now to appear for the Intermediate Examination known as 'Professional Education-II'.
2-A. While giving the examinations on earlier occasions, he had requested the authorities to give him extra time and when he wrote his B.Com. Examination, the University of Mumbai had granted him three hours extra vide its communication dated 26th March, 2002. He made a similar representation to respondent No. 2 institution which is annexed as Exhibit-G to the petition, and the respondent No. 2 has granted him relaxation only for half an hour. This is seen from their letter dated 7th April 2003. In view of this communication, the present petition is filed and it is prayed that the respondents be directed to permit the petitioner to write the papers for three extra hours. That is prayer (a)(i) to the petition.
3. Since this is a petition concerning an examination, which is to be held on 2nd May, 2003, a notice was addressed to the respondents and Ms. Paranjape has appeared for respondent No. 2 institution which is the main contesting party. Respondent No. 3 absent though served. An affidavit of service has been filed. Ms. Paranjape has fairly agreed that if the Court deems fit, the petition be heard finally at the admission stage itself. Hence Rule. respondents Nos. 1 and 2 waive service.
4. Ms. Paranjape addressed us on the basis of the documents which are made available to her by respondent No. 2 institution. It is contended on behalf of respondent No. 2 that in a situation like this, at the most one hour could be granted and such decisions are taken on the basis of their resolutions passed earlier. She points out that respondent No. 2 is a statutory body and that being so, any further relaxation beyond the earlier decisions cannot be acceded to by respondent No. 2. She submits that at the most if the Court is so inclined, one hour extra may be permitted to the petitioner to write the examination.
5. Ms. Sidhwa for the petitioner, on the other hand, pointed out to us as to what is the nature of the problem. Section 1(2)(e) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 ('the Act' for short) defines 'cerebral palsy' to mean a group of non-progressive conditions of a person characterised by abnormal motor control posture resulting from brain insult or injuries occurring in the pre- natal, prenatal or infant period of development. She has also pointed out that spastics are defined in the following terms in the regulations of the H.S.C. Board.
'The spastics are those who are suffering from cerebral palsy. This is a disorder of movement and posture appearing in the early years of life due to damage to that part of the brain which controls his or her motor or physical functions or the failure to develop normally in a small part of brain controlling movement which causes an interference with the normal functioning of bones, muscles and joints, thereby affecting communication.'
6. The above referred Act was passed by the Parliament with a view to give effect to the proclamation on the full participation of the people with disabilities in the Asian and Pacific Region held at Beijing in December 1992. The Act makes the provisions which are principally for appropriate opportunities in the matter of employment. Chapter V of the Act makes beneficial provision in the matter of education. Section 27 directs the Appropriate Government and Local authorities to make schemes and programmes for non-formal education of these children. The overall tenor of Chapter V of the Act is to make all necessary facilities available to the persons suffering from these disabilities even in the matter of education.
7. As far as respondent No. 2 institution is concerned, it is a statutory authority and it would fall amongst other authorities under Article 12 of the Constitution of India and would also be bound by Article 21 of the Constitution which provides for right to life which means right to have a decent life. The right to receive education and facilities for it will have to be read in it. In the present case, when the petitioner has been permitted three extra hours to write B.Com. Examinations and has passed it and is prosecuting further studies, respondent No. 2 ought to give him similar facility to write the examination for three extra hours. That flows from the responsibility of respondent No. 2 as an authority under Article 12 read with Article 21 of the Constitution. In the facts of the present case, the petitioner has undoubtedly established that on earlier occasions he did require three hours. Ms. Sidhwa states that the petitioner would like to write the papers himself. This is because particularly the subject like Accounts would be better written if he writes himself though he will require longer time since he is suffering from the peculiar disability. The necessary disability certificate has been annexed to the petition and the disability is mentioned as 50%, as per the original disability certificate issued by the All India Institute of Physical Medicine and Rehabilitation, Mumbai.
8. This being the position, in our view, although respondent No. 2 institution is gracious enough to grant one extra hour to the petitioner, in the facts and circumstances of the present case, the petitioner ought to be permitted to write the papers for three hours over and above the normal period which is otherwise available to other candidates.
9. Ms. Sidhwa has placed on record an affidavit of a clerk from the office of the Advocate on record proving the serve on respondent No. 3. The affidavit has stated that when attempt was made to serve respondent No. 3 institute, where the examination is being held, the response of respondent No. 3 was not a very happy one. This is rather unfortunate particularly when the petitioner is suffering from a serious disability and trying to overcome it in the best way possible.
10. For the reasons stated above, we direct respondent No. 2 in terms of prayer (a)(i) to permit the petitioner to write this examination and the future examinations for the Chartered Accountants Course for three hours any time a written examination is held. These three hours will be subsequent to the scheduled time in continuity on the same day. The institute where the examination is being held, i.e. for example the one of respondent No. 3 here, will provide all co-operation to the petitioner in continuing with the examination for these three extra hours.
11. Rule is made absolute accordingly.
12. Parties to act on a copy of this order duly authenticated by the personal Secretary.