The Kerala High Court orders Medical Board Constitution to take into account 22-year-old law student’s request for scribe because of fibromyalgia
Title: Abitha P. Sunil v. State of Kerala
Decided on: 15 November, 2023
+ WP(C) NO. 37824 OF 2023(C)
CORAM: HON’BLE Justice T. R. Ravi
Introduction
The District Medical Officer, Thrissur (DMO) and the Superintendent of the Thrissur General Hospital were instructed by the Kerala High Court to form a Medical Board to review the request of a 22-year-old law student who wants to get a certificate so she can use a scribe to help her write her upcoming exams.
Facts of the Case
The student, who is enrolled in Government Law College, Thrissur’s five-year integrated LL.B. programme and is currently in her tenth semester, claimed to have chronic fibromyalgia, a condition marked by diffuse musculoskeletal discomfort. She stated that the illness results in excruciating pain and weakness, which interferes with her day-to-day activities. She also claimed that the pain and weakness greatly slows down her writing when she is doing tasks. The petitioner made arguments before the college principal and the controller of examinations, requesting a scribe to help write the exam, in light of the university’s notification that the seventh semester will begin on November 20, 2023. However, the petitioner was advised by the authorities that in order to hire a scribe, she would need to get a certificate from the Medical Board that was established at the District Hospital in Thrissur. Given that the examination is scheduled to begin shortly, she thus addressed the court to request that the respondents give prompt consideration to her request and establish a medical board for the purpose of issuing the necessary certificates.
Courts analysis and decision
In order to allow the petitioner to obtain a scribe for the exams, which are scheduled to begin on November 20, 2023, the court issued an interim directive to respondents 5 and 6 instructing them to take into consideration Exts. P7 and P8, form a Medical Board, and issue the necessary Certificate to the petitioner. Permits must be obtained by November 18, 2023, at the latest.
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Written by- Hargunn Kaur Makhija