Give 20 grace marks to boy with learning disability: Bombay High Court
The Bombay High Court (HC) recently directed an ICSE school in Mahim to grant 20 grace marks to a Class 9 student with a learning disability (LD). The student had failed in a subject and was asked to repeat a year.
The HC also directed the school to update the student’s mark sheet, promote him to Class 10 and issue a leaving certificate so he can move to another school.
After the student failed his English examination this year, his mother appealed to the school, saying he had not been granted the benefit of a 2006 HC order that directed all schools in the state to grant 20 grace marks to students with LD.
After the school refused to do so, the student’s mother filed a petition in the HC through advocate Karan Prithviraj Adik.
Adik argued before the bench of justices SC Dharmadhikari and Gautam Patel that the student had done exceptionally well in his academics ever since he joined the school in 2013, but was not granted grace marks despite being certified with LD.
Advocate Arvind Kothari, representing the school, said the institution was not averse to complying with the 2006 order, but was bound by its council’s guidelines that offered no option of giving grace marks.
As the council was not represented despite being served notice, the bench directed the school to comply with the 2006 HC order and said that the guidelines of the council could not override court orders.