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Supreme Court of India 2021-11-23 partly_allowed

Avni Prakash vs National Testing Agency (NTA) & Ors

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

Avni Prakash, a student with dysgraphia (a specified learning disability), was denied one hour of compensatory time during the NEET entrance exam in 2021, despite her entitlement as a person with disability. The Supreme Court held that examining authorities must scrupulously enforce statutory guidelines providing reasonable accommodation for disabled students. The Court clarified that the right to inclusive education applies to all persons with disabilities, not just those with 40% benchmark disability. While denying a fresh examination, the Court directed the NTA to rectify the injustice by considering alternative remedies such as mark extrapolation. The judgment emphasizes that administrative convenience cannot override the fundamental rights of disabled persons and mandates clearer communication and staff training on disability accommodations.

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Rights of Persons with Disability Accessibility and Reasonable Accommodation Educational Examinations Medical Education Disability Rights Equal Access to Education Constitutional Law

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