For a student suffering from ‘learning disabilities’, the Supreme Court order has been a great relief as it ordered the Indian Institute of Technology, Bombay (IIT-B) to transfer his degree in Master in Design, declaring that the student successfully completed it.
A bench of judges Uday Umesh Lalit, Ravindra Bhat and Sudhanshu Dhulia ordered IIT-B to take appropriate action including handing over the degree and all other testimonies to the appellant, Naman Verma, within four weeks.
“We therefore exercise our jurisdiction under Article 142 of the Constitution of India and declare that the Appellant has successfully completed the Masters in Design course and that the qualification is valid for all practical purposes hereafter,” the Court said in its May 11’s order.
The Supreme Court heard Naman Verma’s plea against the judgment and order of 17 April 2018 passed by the High Court of Judicature in Bombay.
Naman Verma, who claimed to suffer from ‘learning disabilities’ known as ‘Dyscalculia’, had filed a petition with the Bombay Supreme Court asking it to issue appropriate instructions under Article 226 of the Constitution, in which the accused was instructed to guide the proposer in the course of Master Design in batch of 2013.
On the basis of interim orders from the High Court, his candidacy was considered and Mr. Verma was admitted to the Master’s degree in Design.
With the passage of time, Mr. Verma has successfully completed the course.
However, when the application was considered for final removal, after consideration of several issues, the appellant’s right under the provisions of the Disabled Persons (Equal Opportunities, Protection of Rights and Full Participation) Act of 1995 was not accepted. by the Supreme Court. Court of law.
The Bombay High Court was then faced with the question of what the fate would be and what directions could be given when the appellant had completed the course under the intermediate instructions.
In considering the matter, the Supreme Court noted: “We believe that while the petitioner may have the right to be declared successful in the course. Section 226 to certify that the petitioner has passed IDC’s M Des program .”
The Supreme Court noted that the 1995 Act has now been replaced by the Disability Rights Act, 2016.
“While we confirm the Supreme Court’s position on the legal issues identified by the Supreme Court, given that the complainant has completed the course, we are not convinced to withdraw his candidacy to jeopardize his qualification,” the statement said. highest court.
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