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Raj Kumar Makkad (Adv P & H High Court Chandigarh)     28 November 2012

High court asks govt to explain disabled policy

RANCHI: Jharkhand high court on Tuesday asked the state government to decide if it wants to give extra time to the candidates under 'physically challenged' category at the examinations conducted by various agencies of the state government. The notice was issued in connection with a case filed by secretary of Jharkhand Vikalang Manch, Arun Kumar Singh against the Jharkhand Academic Council (JAC) directing the latter to give extra time to the physically challenged candidates who want to appear for the teachers eligibility test. 

The writ petition was filed on August 23 this year and the exam was held on August 29. Since the case could not come up for hearing before the examination it was considered infructuous. Counsel for the petitioner, Anup Kumar later requested the court to decide on the petition seeking its directive on whether the government should allow extra time to the candidates in future. Hearing the case division bench of chief justice Prakash Tantia and justice Jaya Roy asked the government to clarify its stand over the issue. "Government has been directed by the court to furnish details of the policy and clarify if additional time could be given to the physically challenged candidates by second week of January," Kumar said. 

He said the government not allowing extra time to such candidates appearing in the examination is violation of basic spirit of persons with disabilities and equal opportunities act. "The act says that persons with disability should be given equal opportunity whereas by denying extra time to them it is like forcing them to accept unequal treatment," he said.



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 1 Replies

Ms.Nirmala P.Rao (CEO)     10 October 2013

Yeah! the discriminatory policy of the state Government in not giving extra time to disabled candidate is clearly violative of  the letter and spirit of Article 14 of the Constitution and The High court is well within it's  powers to direct the State Government to clarify  its stand on providing equal opportunities  to disabled candidates- as many other State Governments allow such  extra time during examinations for physically challenged persons


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