Pinnacle court uses special powers, helps student with learning disability

The student, Naman Varma, submitted to be stricken by a learning disorder called dyscalculia

The Supreme Court has crafted a victory for a disabled student by using its special powers under Article 142 to declare the successful completion of her Master of styles course from the Indian Institute of Technology (IIT).

The student, Naman Varma, submitted to be plagued by a upset called dyscalculia.

A three-judge Bench led by Justice U.U. Lalit said her qualification would “hold good for all practical purposes”. The court directed that Ms. Varma should be handed over the degree and every one other testimonials.

“We exercise our power under Article 142 of the Constitution and declare that the appellant has successfully completed the course of Master in Design which the qualification shall hold good for all practical purposes,” the court held.

Ms. Varma’s battle in court started when she had moved the Bombay court in 2013 to direct IIT to admit her for the Masters in Design course.

The tribunal, in an interim order, had asked the authorities to think about her case and he or she was admitted to the course.

“With the passage of your time, the appellant (Ms. Varma) completed the course successfully,” the apex court noted in its recent order.

However, the Supreme writ also noted how events turned against Ms. Varma after the tribunal took up her case for final disposal. In its decision in 2018, the tribunal failed to accept her entitlement under the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

But the tribunal had also been aware that Ms. Varma had completed her course on the idea of its interim order five years ago.

Taking a middle path, the tribunal had said that though Ms. Varma “may be entitled to be declared successful within the course”, it couldn't provide any longer relief for want of power to “declare the petitioner as having passed Master of Design programme…”

It is here the Supreme Court has stepped in under Article 142 to declare Ms. Varma’s successful completion of her course for “all practical purposes”.

The court said the 1995 Act has already been replaced by the Rights of Persons with Disabilities Act of 2016. But the court refrained for now to travel into the question of Ms. Varma’s entitlements under the 2016 law, saying that might be considered whenever it came up.