• Right to education for a child suffering from autism

I have consulted earlier on the rights of a Autistic child to have a scribe write exams for him and for a shadow teacher to help in school . My son Abhishek studies in the 7th standard in a C.B.S.E school in Qatar.The school says that as per law a 7th standard child will be allowed only a 6th standard child write for him . Is this true ? I need some referrals from the C.B.S.E and Indian Law defining the qualification of a scribe . And the reason why the school is not permitting the scribe due to this ? Can the school fail my child from 7th standard onwards. Please advise
Asked 4 months ago in Constitutional Law from Qatar
only 6th standard writer would be allowed for 7 th standard student .

2) the reason being if you had writer of higher class he can help your son in replying to the questions in exams 

3) whereas student of younger class will not know the answers and will only write what your son dictates to him 

4) the amended rule 25( ii)of examination bye laws dated 20.2/14provide that scribe must be of class ;lower that one which candidate is studying . the fees shall be paid by board and candidate shall be provided scribe free of cost 
Ajay Sethi
Advocate, Mumbai
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There is no law in India which will define the minimum qualifications to be possessed by a scribe. This is a virgin question of law which has not been dealt with by any court in India thus far. You can move the High Court to challenge the refusal of the school to permit a student of the same grade to write for your child in the exam. The judgment in your case may be a trend setter and precedent for hundreds of such similarly situated students.
Ashish Davessar
Advocate, Jaipur
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1) Candidates with visual and hearing impairment, Spastic, Dyslexic, Autistic and candidates with disabilities as defined in the Persons with Disabilities Act, 1995 have the option of 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, Social Science, another language, Music, Painting, Home Science, Introductory Information Technology, Commerce(Elements of Business) & Commerce(Elements 

2) could not find any rule that school cannot fail autistic child 
Ajay Sethi
Advocate, Mumbai
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The RTE Act 2010 not only makes education compulsory and free for all children aged 6-14 years, but also makes it clear that no student could be detained or “failed” by any Board or expelled till Class 8.
Ajay Sethi
Advocate, Mumbai
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By a notification dated 20.2.2014, CBSE, Delhi have made some amendments in examination bye laws.

By an amendment to rule 24 (heading) and 24(i) of examination bye laws relating to exemption candidates as defined in the persons disabilities act, 1995, the following amendment were made:
Spastic, visually impaired, physically handicapped, dyslexic and candidates with disabilities as defined in the persons with disabilities act, 1995 appearing for secondary school examination or senior school certificate examination is permitted to use a scribe or allowed additional time or both.Autistic candidate is permitted to use the services of a scribe or an Adult prompter. 
The further amendment on this is made under rule 25(ii) which is as follows:
The scribe must be a student of a class lower than the one for which the candidate is taking examination. 
Hope you are now aware of the existing rules in this regard  and this would solve all your problems.
T Kalaiselvan
Advocate, Vellore
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Till which standard can the C.B.S.E school not fail a child. Will this rule also apply to my child who is Autistic.


The Madras High Court disallowing detention of any student up to Class VIII has put the Tamil Nadu government in the dock.
Allowing a petition by the father of a boy of a private school in Chennai challenging the latter’s detention in Class 6, Justice N Paul Vasanthakumar of the Madras High Court on Tuesday termed it illegal as it violated the new Central Act that took effect from April 1.
Setting aside the school’s order and directing the school authorities to admit the boy in Class 7, the judge reasoned that his ruling was based on Article 21-A of the Constitution and the provisions of the RTE Act.
In such hyper-competitive era, what happens if an average school student fails in his annual examinations? He/she loses an illustrative year and has to repeat in the same class for one more year… and all that emotions filled with dejection…
As per a law by the Centre effective from April 1, 2010, from now on school students will get promoted by gradation even if they fail in their annual exams. All students of Std I to VIII will be promoted to the next class irrespective of examination results, based on the Right to Education Act.
At the same time, the student can not be expelled from the school for any reason. The resolution also says that the students who failed in the academic year 2009-2010 should also be promoted.
T Kalaiselvan
Advocate, Vellore
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153 Consultations
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Still did not get the answer to my question . Till which Class can a CBSE school not fail a child as per the regulations of the CBSE on not failing a child . ( In other words which class can the school fail a child )

It is upto VIII standard.
T Kalaiselvan
Advocate, Vellore
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153 Consultations
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Till class 8.
Ashish Davessar
Advocate, Jaipur
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484 Consultations
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However, the government has drafted an executive order to clarify that enrolment in Class IX can be conditional. The HRD ministry will issue orders to this effect once it receives the nod of Attorney General. 
Ashish Davessar
Advocate, Jaipur
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484 Consultations
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