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Court judgements: Bombay High Court

Education

1. Dhawal S.Chotai v. Union Of India
(2003) 4 Maharashtra Law Journal 699
Writ Petition No. 1256/2003
Decided on: 30.04.2003
Bombay High Court
Judge: H.L.Gokhale, J

Fact: Dhawal S. Chotai, a physically handicapped person suffering from ‘cerebral palsy’, was denied three extra hours to write papers of Intermediate Examination for Foundation Course for Chartered Accountants Examination known as “Professional Education- II” by Kanga and Company.

Held: The respondent institution is a statutory authority and it would fall amongst other authorities under Article 12 of the Constitution and would also be bound by Article 21 of the Constitution which provided for right to life which means right to have a decent life. The right to receive education and facilities for it will have to be read in it. Earlier he was granted such permission for his B.Com examination by University of Mumbai Petitioner had established that he would require three hours and had annexed disability certificate. Petitioner ought to be granted required time.

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