Madras High Court Allows NEET Aspirant With Special Needs to Use Diaper During The Exam
While setting an unprecedented move towards ensuring equal opportunity for all, the Madras High Court allowed a Tamil Nadu girl with special needs to wear a diaper and change it during the NEET examination scheduled on May 5, 2024. The 19-year-old NEET aspirant approached the High Court after failing to receive any response from the National Testing Agency (NTA) and National Medical Commission.
When the medical aspirant was just four years old, she was scalded by hot oil and suffered injuries on the face. At present, the petitioner is undergoing treatment for LETM/NMO/spectrum/neurogenic bladder and certified by the doctor that she needs to wear a diaper all the time due to lack of urine control.
Justice GR Swaminathan, while hearing the petition, passed the order that the petitioner’s apprehension could not be dismissed as misplaced or unfounded. Underlining the provisions of the Rights of Persons with Disabilities Act, 2016 the judge said that because of her biological condition, she needs a bio-break. If the petitioner is denied permission she will not be able to appear for the exam which subjects her to the discrimination forbidden under Article 14 of the constitution. Justice Swaminathan said that the disability defined under the law does not include special needs. However, the beneficial principles and doctrines have to be expanded to benefit all persons having disabilities.
The judge directed the schools to ensure the cleanliness of toilets, provision for sanitary pads for girls, and advance checking of the toilets to avoid unnecessary frisking during the exam. He also mentioned that the girl candidates must be allowed to use restrooms whenever needed.
The high court judge asserted that the agency should have inserted an appropriate clause specifically permitting the wearing of sanitary pads by the girls.
The court pointed out that the NTA had agreed to the request and gave suitable instructions to the examiner.
