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Synopsis

The Madras High Court recently observed that any candidate not necessarily suffering from disability set out in the Schedule to RPwD Act, 2016 but otherwise having special requirements or needs due to her/his biological condition is entitled to reasonable accommodation.

Court held so while dealing with a petition filed by a 19-year-old NEET (UG) - 2024 aspirant with special requirements. The girl, because of her treatment for LETM/NMO/Spectrum Disorder/Neurogenic Bladder, has lacked urine control and she needs to wear a diaper constantly, necessitating frequent changes.

The girl filed a request with the National Testing Agency (NTA) and the National Medical Commission last month to wear an adult diaper during the exam and change it as needed. When she received no response, she approached the high court. 

At the outset, the single judge bench of Justice GR Swaminathan said that the petitioner's apprehension could not have been dismissed as misplaced or unfounded.

Justice Swaminathan cited instances where mandatory frisking before competitive exams was taken to unreasonable extremes. Girls in particular face the brunt, said the judge. 

Further, he pointed out that Clause 10.2 of the Information Bulletin issued by NTA did not address the concerns expressed by the petitioner, therefore, she filed the present plea. 

The Judge held that the materials on record clearly established that the petitioner had special needs.

"If the facilities required by the petitioner are denied, she will not be able to take the examination. That would lead to discrimination that is forbidden by Article 14 of the Constitution of India," Justice Swaminathan said. 

Moreover, on the point of reasonable accommodation, he opined that "there is no justification in restricting the principle of reasonable accommodation only to those suffering from disabilities recognised by RPwD Act, 2016".

He asserted that "all persons having a disability have special needs...Beneficial principles and doctrines have to be expansively construed and applied".

Justice Swaminathan emphasised, 

"Every examination centre must have suitable toilet facilities with water amenities. They must keep a minimum number of sanitary products near the toilets so that any girl who has come unprepared may use them. The girl candidates must be allowed the use of rest rooms when required. The rest rooms can be thoroughly inspected in advance and regularly so that there is virtually no need for frisking the candidates for the second time. This will save the candidates' precious examination time. It is the duty of the authorities to spread awareness so that the candidates are not put to any stress at all."

Before the court, NTA agreed to the petitioner's request and undertook to issue suitable instruction to the city examiner.

Taking the same on record, high court disposed of the plea as "allowed".

Case Title: xxx     v. The National Testing Agency and Another