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Published: 21st September 2020     

Madras High Court refuses to grant interim stay on government Class 10 exams for disabled students

The Madras High Court on September 3 had issued directions to the state to conduct COVID-19 tests on children with physically and mentally disabilities candidates

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In a special virtual hearing on Sunday, Madras High Court refused to grant an interim stay to the Tamil Nadu Government Class X examinations scheduled for September 21 (Monday) for children with physical and mental disabilities who are appearing as private candidates. The petitioner had filed a review petition to the earlier order disposed of by the Madras High Court.

The Madras High Court on September 3 had issued directions to the state to conduct COVID-19 tests on children with physically and mentally disabilities candidates who are appearing for the exams from September 21 and also their scribes prior to the commencement of examinations. According to the review petition filed by one of the parents of the disabled student sought for the examinations to be cancelled as holding them will put the disabled candidates' health under risk during the pandemic period.

The petitioners' counsel A Yogeshwaran said that the specific issues pointed out by various disabled candidates have not been addressed and under the circumstances and it will cause a threat to the life and safety of the candidates. However, on Sunday during the special video conference, C Munusamy, the special government pleader for the state education department submitted that all the necessary arrangements have been made by testing the candidates including the scribes who are appearing for the examinations on Monday as per the earlier directions ordered by the High Court.

He further added that it was only the petitioner who is not willing to take the examinations while the rest of the candidates are ready. The division bench of MM Sundresh and R Hemalatha recording the submissions made by both the counsels observed that all the directions issued by the court have been compiled by the state. "Let candidates who are willing to take the risk appear for the examinations and those who cannot specify the reasons. The court will take those cases separately", it observed. However, the bench ordered the state to file a detailed status report on the issues faced by each of the students in the examinations.

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