A.K. Goel, J. - (1.) This petition challenges order Annexure P -4, whereby prayer of the petitioner for exemption from passing the subject of Mathematics was turned down by Central Board of Secondary Education, New Delhi, respondent No.2. Case of the petitioner is that he was suffering from disability called Autism, which has been described in the petition as a mental disability and a spectrum disorder which is marked by difficulty and retardation in imagination cognitive development and social adjustment. It is a major handicap like dyslexia. Under Bye law No.24, framed by respondent No.2, there is a provision for exemption to Spastic, Blind, Physically Handicapped and Dyslexic children. The said provision is as under: Exemption to Spastic, Blind, Physically Handicapped and Dyslexic children. i. Blind, Physically Handicapped and Dyslexic student appearing for the Secondary School Examination or Senior School Certificate Examination is permitted to use an amanuensis and shall be allowed an additional one hour (60 minutes) time for each paper. ii. The Board will consider the Physio -therapic exercises as equivalent to Physical and Health Education course of the Board. iii. Dyslexic, Spastic candidates and candidates with visual and hearing impairment have the option to studying one compulsory language as against two. This language should be in consonance with the overall spirit of the three Language Formula prescribed by the Board. Besides one language, any four of the following subjects be offered. -Mathematics, Science and Technology, Social/Science, another language, Music, Painting, Home Science and Introductory Information Technology.
(2.) The petitioner appeared in Class 10th examination of the CBSE in March, 2006 and cleared five subjects out of six. He got compartment in Mathematics. His father made a representation that he be treated to have passed by applying the exemption clause, which was rejected. He appeared in the compartment examination in July, 2006 under protest and submitted a representation that if he was not granted exemption, he may opt out of the mainstream schooling, which may hamper his integration and lead to adverse consequences. Thereafter, the petitioner filed the present petition in this Court on 2nd of August, 2006, relying upon the provisions of The Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short, the 1995 Act) and National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (for short, the 1999 Act).
(3.) In the reply filed on behalf of respondent No.2, a preliminary objection has been taken that the petitioner was a student in West Bengal and his candidature was sent from West Bengal. His examination centre was also in West Bengal and therefore, no cause of action accrued within the jurisdiction of this Court. It is further pointed out that for compartment in Mathematics, he was allotted Centre No.041 in Ludhiana at his request on the ground that his father being in army has been transferred. He never applied for exemption under Byelaw No.24 prior to his appearance in the main examination. He was not suffering from the disease mentioned in the bye -law. He secured good marks in all other subjects. He did not produce any certificate from the Medical Officer/Assistant Surgeon of a Government Hospital, as required under Bye -law No.25.;