Times of India:
Madras HC restores extra time for blind students

26 Mar 2009, 0453 hrs IST,                Lakshmy Ramanathan, TNN

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  CHENNAI: Three hundred and sixty six visually impaired students from Tamil 
Nadu appearing for their class ten board examinations this year can at last
breathe easy. On Wednesday, the Madras high court passed an order, restoring 
the one hour extra time for the blind as granted in a 1993 government order
that was annulled by a communiqu? issued by the department of government 
examinations (GE) on March 3, 2009.    The first bench comprising chief justice
Hemant Laxman Gokhale and justice FM Ibrahim Kalifulla passed this order based 
on a public interest writ petition filed by the Tamil Nadu Handicapped 
Federation
Charitable Trust (TNHFCT) in response to an announcement made by the GE on 
March 13, 2009.    The bench said, "As per provisions laid out in GO no. 270
issued in 1993, one hour extra time should be granted to all visually impaired 
students irrespective of whether they availed this exemption in previous
years. This is applicable to both those who are writing the exam with the help 
of a scribe or in the Braille format." The bench then directed the director
of GE to communicate the order to all district educational officers with 
immediate effect.    The high court order has put to rest a controversy that has
raged for close to three weeks. On March 9, 2009, The Times Of India had 
informed its readers about a communiqu? issued by the GE which annulled 
provisions
of a 1993 government order issued by the department of social welfare that 
granted extra time to all physically handicapped students, including the 
visually
impaired, appearing for board examinations.    Faced with protests from various 
pressure groups, the GE finally annulled its own communiqu? and announced
on March 13 that centres that had been granting extra time hitherto could 
continue to do so. The department, however, made no new orders for those 
institutions
seeking to implement it, citing any announcement "as inappropriate during 
election time".    Following this, TNHFCT filed a petition, stating that it was
unfair to restore the benefit to select institutions. Counsel RR Prabhakaran 
and P Gurusamy appearing for TNHFCT argued that it violated article 14 (equality
before law) of the constitution.    Reacting to the order issued by the bench, 
TMN Deepak, vice president, TNHFCT, said, "The judiciary has stood by people
with disabilities. People suffering from disorders and disabilities have their 
own difficulty in writing. Provisions of the 1993 government order should
be implemented in its full spirit and holistically. A committee should also be 
formed to make sure that these guidelines are being followed."    
lakshmy.ramanat...@timesgroup.com


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