Calcutta High Court directs Kendriya Vidyalaya to admit a first-grade student with muscular dystrophy, overriding the waitlist and disability quota.
The Calcutta High Court has directed Kendriya Vidyalaya in Ballygunge to ensure the enrollment of a first-grade student diagnosed with muscular dystrophy. Despite being placed on the waitlist due to the fulfillment of the 3% quota reserved for students with disabilities for the academic year, the court has mandated the admission for the affected student.
Muscular dystrophy, a progressive disease with no known cure, significantly impacts the lives of those it affects, necessitating lifelong management of symptoms. The court’s intervention in this case highlights the critical need for inclusivity and accommodation in educational institutions, ensuring that all students, regardless of their physical abilities, have access to quality education.
The division bench, led by Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya, emphasized the exceptional nature of the case, noting the rarity of the condition suffered by the applicant compared to other waitlisted students.
“The candidate is on the waiting list for admission to Class 1. While it is unclear about the specific physical disabilities of other students on the waitlist, the court is certain, based on the information available, that the other children in line for admission do not have a disability similar to that of the candidate.”
the bench stated.
The court also took into account the familial context, highlighting that the applicant’s elder brother, who is also affected by the same rare disease, had previously been admitted to the third grade at the same institution. This detail, coupled with the sacrifice of the father who resigned from his job to support his elder son, painted a compelling picture of the family’s extraordinary circumstances.
ALSO READ: Madras High Court: Directs Police to Prosecute Two Individuals for False Case Under POCSO Act
The Calcutta high court’s decision came after the counsel for Kendriya Vidyalaya argued that the quota for students with disabilities (PwD) had already been met for the year, suggesting that an exception could be made without establishing a precedent for a ‘sibling quota.’ The petitioner’s counsel, advocating for the child’s admission, underscored the unique situation at hand.
The court clarified that its directive was tailored to the specific circumstances of this case, cautioning against its use as a precedent for future admissions based on sibling relationships.
“Very few people know about the suffering of persons afflicted by muscular dystrophy, which is a progressive disease, and there is no treatment or cure for the disease, and it involves the management of patients for the rest of their life,”
the court observed, shedding light on the profound challenges faced by individuals with this condition.
ALSO READ: Delhi High Court Addresses Accessibility Concerns, Seeks Rapido’s Response
This decision not only facilitates the young student’s educational journey but also establishes a notable precedent for the inclusion of individuals with rare disabilities in school admission policies.
