No exemption for the disabled from attending classes

BANGALORE: The Karnataka High Court on Tuesday held that even the physically challenged students should have the minimum attendance if they are to be permitted to appear for examinations.

Justice B.S. Patil passed the order on a petition by a student from Kolar district who had challenged the refusal by the authorities to permit him to appear for the sixth semester commerce examination. The student said he was severely handicapped (75 per cent) and he could not attend classes for the B.Com course.

He urged the court to direct the authorities to permit him to appear for the examination slated to commence from June 5, 2008.

The Government opposed the petition saying that the student had 100 per cent attendance shortage. It said all students were governed by the Karnataka Rules of 2006 which made it mandatory for students to have at least 60 per cent attendance in each subject. These rules had been revised last year and all educational institutions intimated about it.

It said even the physically challenged had to abide by the rules if they wanted to attend school or college. If any one did not want to attend classes, he or she is free to take up correspondence course. Moreover, the attendance rules did not make any distinction between a physically fit or physically challenged student. Students had to attend classes and have the minimum eligibility if they wanted to appear for the examination.

The Government made it clear that all students, irrespective of the class or community to which they belonged must meet the eligibility criteria.

Justice B.S. Patil accepted the arguments of the Government and dismissed the writ petition, saying that even the physically challenged had to meet the minimum standards prescribed by the authorities regarding attendance if they wished to appear for the examination.

In a related case, Mr. Justice Patil dismissed a petition by a student of MHM College in Udupi seeking a direction to the authorities to permit him to appear for the supplementary examination slated to commence from June 5.

The petitioner, Karthik Shetty, said he was not allowed to take the first year Pre-University Course examination on the grounds that he did not have sufficient attendance.

He said he wanted to appear for the supplementary examination and urged the court to direct the authorities to permit him to take the examination.

Mr. Justice Patil dismissed the petition, saying that Karthik did not have a minimum of 60 per cent attendance in the first year and, hence, he was ineligible to appear for the supplementary examination.