HC relief to NEET aspirant with Neurogenic Bladder disorder, allows bio-break, wearing adult diapers during exam, suggests measures for exam centres

Madras- Granting relief, the Madras High Court recently accepted the  plea of a  19-year-old NEET aspirant for a bio-break and wearing adult diapers and changing them when required during the NEET exam on May 5. Justice GR Swaminathan observed that any candidate who was not necessarily suffering from any disability set out under the 2016 act but otherwise had special requirements or had a biological condition was entitled to reasonable accommodation.

Justice GR Swaminathan passed the order after the aspirant produced a medical certificate from her doctor that currently, she is undergoing treatment for LETM/NMO/Spectrum Disorder/Neurogenic Bladder due to which she lacks control over urine and also needs to wear a diaper constantly, which also needs to be changed frequently.

The court also directed the examination authorities to ensure that all examination centres had suitable toilet facilities with water amenities and a minimum number of sanitary products so that the girls coming unprepared could use them. The court also suggested that the restrooms could be thoroughly inspected in advance and regularly thus limiting the frisking of candidates for a second time and thus, saving the candidates' precious time.

Though the candidate requested the authorities to permit her to write the exam wearing the diaper and to change it in between depending on her condition, since there was no response, she approached the court.

"All persons having disabilities have special needs. That does not mean the disabled as defined in the statute alone have special needs. Beneficial principles and doctrines have to be expansively construed and applied”, he further added.

The Court has also suggested that the toilets at the NEET centres be thoroughly inspected beforehand so that girls taking the exam do not have to undergo further frisking before they can use the toilet.

Justice Swaminathan also mentioned “Every examination centre must have suitable toilet facilities with water amenities. They must keep a minimum number of sanitary products near the toilets so that any girl who has come unprepared may use them. Girl candidates must be allowed the use of restrooms when required. The restrooms can be thoroughly inspected in advance and regularly so that there is virtually no need for frisking the candidates for the second time. This will save the candidates precious examination time. The authorities must spread awareness so that the candidates are not put to any stress at all”.

Meanwhile, highlighting the provisions of the Rights of Persons with Disabilities Act, 2016, the judge said that due to her biological condition, she needed a bio-break while writing the exam. If necessary facilities are not provided to the petitioner, she will not be able to appear in the examination and this will amount to discrimination which is prohibited by Article 14 of the Constitution.

On the other hand, NTA had agreed to the girl's request and given and undertaken to issue appropriate instructions to the examiner. While pointing out NTA’s decision the judge recorded the stand and allowed the girl's plea.

In the end, the judge concluded by saying “It would have been appropriate if the clause specifically permitted wearing of sanitary pads by the girl children”.

To vie the order, click on the link below: