Kerala High Court
George Varghese Karingottu vs State Of Kerala on 15 February, 2024
WP(C) No.4424/2023 1/7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Thursday, the 15th day of February 2024 / 26th Magha, 1945
WP(C).NO. 4424 OF 2023(C)
PETITIONER:
GEORGE VARGHESE KARINGOTTU, AGED 19 YEARS, S/O. MANOJ VARGHESE,
RESIDING AT SNRA-43, SANTHOSH NAGAR, MUTTADA P.O.,
THIRUVANANTHPAURAM - 695 025
RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO
GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695
001
2. THE SECRETARY TO GOVERNMENT, SOCIAL JUSTICE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001
3. THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001
4. THE KERALA STATE COMMISSION FOR PERSONS WITH DISABILITIES HAVING ITS
OFFICE AT ANJANEYA, T.C.NO.9/1023(1), GROUND FLOOR, SASTHAMANGALAM,
THIRUVANANTHAPURAM, PIN - 695010 REPRESENTED BY THE COMMISSIONER.
5. UNIVERSITY OF KERALA, PALAYAM, THIRUVANANTHAPURAM, PIN -
695034 REPRESENTED BY ITS REGISTRAR.
6. THE MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS P.O.,
KOTTAYAM, PIN - 686560 REPRESENTED BY ITS REGISTRAR.
7. THE UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., MALAPPURAM, PIN
- 673635 REPRESENTED BY ITS REGISTRAR.
8. THE KANNUR UNIVERSITY, THAVAKKARA, CIVIL STATION P.O., KANNUR, PIN -
670002 REPRESENTED BY ITS REGISTRAR.
9. LAKSHMIBAI NATIONAL COLLEGE OF PHYSICAL EDUCATION, KARIAVATTOM P.O.,
THIRUVANANTHAPURAM, PIN - 695581 REPRESENTED BY ITS PRINCIPAL.
10. SCHOOL OF PHYSICAL EDUCATION AND SPORTS SCIENCES, MAHATMA GANDHI
UNIVERSITY, PRIYADARSINI HILLS P.O., KOTTAYAM, PIN -
686560 REPRESENTED BY ITS DIRECTOR.
11. ST. JOSEPH'S ACADEMY OF HIGHER EDUCATION & RESEARCH, MOOLAMATTOM,
ARAKULAM, IDUKKI - 685 591, REPRESENTED BY ITS PRINCIPAL.
12. CHRIST COLLEGE, IRINJALAKKUDA NORTH P.O., THRISSUR, PIN -
680125 REPRESENTED BY ITS PRINCIPAL.
13. GOVERNMENT COLLEGE OF PHYSICAL EDUCATION, EAST HILL, KOZHIKODE, PIN
- 673005 REPRESENTED BY ITS PRINCIPAL.
14. DEPARTMENT OF PHYSICAL EDUCATION, UNIVERSITY OF CALICUT, THENHIPALAM
P.O., MALAPPURAM, PIN - 673635 REPRESENTED BY ITS DIRECTOR.
15. UNIVERSITY OF TEACHER EDUCATION CENTRE, PERAMBRA, CHAKKITTAPARA
P.O., KOZHIKODE, PIN - 673526 REPRESENTED BY ITS PRINCIPAL.
16. SCHOOL OF PHYSICAL EDUCATION AND SPORTS SCIENCES, KANNUR UNIVERSITY,
MANGATTUPARAMBA CAMPUS P.O., KANNUR, PIN - 670567 REPRESENTED BY ITS
DIRECTOR.
17. UNIVERSITY GRANTS COMMISSION (UGC ), BAHADUR SHAH ZAFAR MARG, NEW
WP(C) No.4424/2023 2/7
DELHI -110002, REPRESENTED BY ITS SECRETARY [ADDITIONAL R17 IS
IMPLEADED AS PER ORDER DATED 17.1.2024 IN I.A.1/2024 IN WP(C)].
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct respondents 5 to 8 to discharge their obligations under
Section 32 of the Rights of Persons With Disabilities Act 2016 and to
reserve not less than 5% seats for giving admission to various courses
offered through the respondents 9 to 16 affiliated colleges, pending
disposal of the above Writ Petition, so as to secure the ends of justice.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
29-01-2024 and upon hearing the arguments of M/S.T.MADHU, C.R.SARADAMANI,
SHAHID AZEEZ, RESHMA SANTHOSH & RENJISH S. MENON, Advocates for the
petitioner, GOVERNMENT PLEADER for R1, R2, R3 & R13, SRI.THOMAS ABRAHAM,
STANDING COUNSEL for R5, SRI.SURIN GEORGE IPE, STANDING COUNSEL for R6 &
R10, SRI.SASIDHARAN, STANDING COUNSEL for R7 & R14 and of SRI.I.V.PRAMOD,
Advocate for R8 & R16, the court passed the following:
WP(C) No.4424/2023 3/7
MOHAMMED NIAS C.P., J.
---------------------------------------------
W.P.(C) No.4424 of 2023
----------------------------------------------
Dated this the 15th day of February, 2024
ORDER
This writ petition is filed seeking the implementation of
Section 32 of the Rights of Persons with Disabilities Act, 2016 (for
short 'the Act').
2. The petitioner is a person suffering from 40% learning
disability, which is evident from Ext.P1 certificate. The petitioner
intends to undertake studies in the Bachelor of Physical Education
Degree Course.
3. The Mahatma Gandhi University has filed a counter
affidavit stating that though they have reserved 5% seats for
persons with disability, over and above the sanctioned strength for
admission to various programs of the University from 2020-2021
academic year onwards, the current Regulations of the University
do not permit admissions for differently-abled persons to Physical
Education Courses. Further, differently abled students had to
clear the stipulation for admissions laid mandatory for regular
Physical Education Programs run by the University.
4. Similarly, Calicut University has filed a counter affidavit
stating that the contents of the course offered that the physically
challenged persons are excluded from the eligibility for admission
..2..
to the course. As the eligibility for admission B.P.Ed. are 'A' pass in
any Bachelor Degree of the University or a Bachelor Degree
recognised as equivalent thereto, the candidate should be below 26
years of age and should be physically fit for daily heavy load of
exercises and should not have any physical deformity or mental
disability which prevents him/her from taking part in physical
activities. A medical certificate issued by a qualified medical
officer to prove the above criteria should be produced at the time
of admission. In such circumstances, the University contends that
to train the students to acquire the practical skills related to
various sports and games, disabled persons will not be able to
impart the same.
5. The UGC has filed a counter affidavit that following the
judgment of the Supreme Court in Disabled Rights Group and
Another v. Union of India and Others [2018 (2) SCC 397], it
had issued instructions to all the higher education institutions to
implement the following recommendations in their
University/constituent and affiliated colleges:
(a) Compliance with the provision of Section 32 of the Rights of
Persons with Disabilities Act, 2016, while dealing with the
issue of reservation of seats in the admission of students in
each course and notifying the compliance each year to UGC.
..3..
"To this end, they shall submit a list of the number of
disabled persons admitted in each course every year to the
Chief Commissioner and/or the State Commissioner (as the
case may be). It will also be the duty of the Chief
Commissioner as well as the State Commissioner to enquire
as to whether these educational institutions have fulfilled
the aforesaid obligation. Needless to say, appropriate
consequential action against those educational institutions,
as provided under Section 89 of the Disabilities Act, 2016,
as well as other provisions, shall be initiated against
defaulting institutions."
(b) Adoption of the Harmonized Guidelines and Space Standards
for Barrier-free Built Environment for persons with
disabilities developed by the Ministry of Urban
Development, which has been notified by the Ministry of
Social Justice & Empowerment as accessibility standards
for public buildings. University and its affiliated colleges to
submit a detailed accessibility action plan to be
implemented in a time-bound manner.
(c) Formation of an Internal Committee comprising teachers,
staff, students and parents to take care of the day-to-day
needs of differently-abled persons as well as for
implementation of the schemes.
(d) Ensuring the proper functioning of the Equal Opportunity
Cell in the Universities, Colleges, and other higher
education institutions.
6. The learned Standing Counsel for the M.G. University, Sri.
Surin George Ipe, brought to my notice an order passed by the
Higher Education Department, Government of Kerala dated
02.05.2023, referring to the complaints it received about
individuals with autism, intellectual disability, specific learning
..4..
disability, mental illness etc., facing challenges in pursuing their
studies. Accordingly, it is directed that all Government/Aided
Colleges to reserve three seats for the Undergraduate course and
one seat for the Postgraduate course over and above the intake for
granting admission.
7. In considering the prayers sought for by the petitioner, the
views of the State Government are necessary. Accordingly, there
will be a direction to the respondents 1 to 3 or the competent
among them to file an affidavit in the above matter expressing their
views and indicating the steps to be taken to implement the
directions in Section 32 of the Act in letter and spirit. The 4th
respondent, the Kerala State Commission for Persons with
Disabilities, shall also file an affidavit in the above matter. The
affidavit shall be filed within a period of one month from today.
Post on 15.03.2024.
H/o.
Sd/-
MOHAMMED NIAS C.P., JUDGE
AS
15-02-2024 /True Copy/ Assistant Registrar
APPENDIX OF WP(C) 4424/2023
Exhibit-P1 THE TRUE COPY OF THE DISABILITY CERTIFICATE
NO.KL1491320030117122 DATED 17/3/2022 ISSUED BY THE
MEDICAL AUTHORITY, THIRUVANANTHAPURAM.
15-02-2024 /True Copy/ Assistant Registrar
