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Uma vs State

High Court Of Gujarat|21 June, 2012
1. By way of this petition, the petitioner has prayed to direct the respondents to permit the petitioner to keep 4 (four) subjects in Standard XI.
2. The facts in brief are that the petitioner is a handicapped student studying in Standard XI of Rajasthan Hindi High School, Ahmedabad. It is the case of the petitioner that in view of the provisions of PWD Act, 1995 (Persons with Disabilities) the appropriate Government shall by Notification prepare a comprehensive education scheme which shall make provision for restructuring the curriculum for benefit of the students with hearing impairment to facilitate them to take only one language as part of their curriculum. However, as per the State Government Circular dated 18.10.2011, the curriculum for Standard XI in force from academic year 2008 is of seven subjects. The father of the petitioner therefore vide letter dated 15.07.2011 requested the respondent no.1 to allow the petitioner to take four subjects as per PWD Act. The respondent State vide letter dated 09.08.2011 informed the father of the petitioner to make a representative through the school. Thereafter, the father of the petitioner forwarded a representation through the school. However, the respondent State vide order dated 18.10.2011 rejected the request for exemption of the subjects in Standard XI. Being aggrieved by the said action, the petitioner has preferred the present petition.
3. Heard learned counsel for the petitioner. On perusal of the record it appears that in view of the provisions of the Gujarat Secondary and Higher Secondary Education Act, 1972 and also the Gujarat Secondary and Higher Secondary Examination Regulations, the syllabus of the Board as prescribed for Standard XI and XII are approved by the State Government and the said approved syllabus do not provide for any exemption as contended by the petitioner. Apart from that the provisions of PWD Act does not provide for exemption in the subjects. Considering the facts of the case and in view of the statutory Rules, it will not be appropriate to reduce the subjects in view of the fact that the policy and the syllabus of the Board is duly approved by the State Government and the same is in consonance with the provisions of the aforesaid Act.
4. In view of the above, the petition is dismissed summarily. Notice is discharged.
JHAVERI, J.] /phalguni/ Top
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Uma vs State


High Court Of Gujarat

21 June, 2012