High Court directs Kerala government to reconsider its decision on colleges for hearing impaired
Kochi, Kerala:
The Kerala High Court has said that a request by a charitable society in the state to sanction an aided college for the hearing impaired “cannot be allowed to fall on deaf ears”, the Kerala High Court said and asked the LDF government to take its decision. directed to reconsider – against the establishment of aided colleges – in this particular case.
Justice Devan Ramachandran said the state government’s policy of not allowing any aided colleges “cannot be mechanically enforced” where students benefiting from such an institution are “without the sympathy and support of the society at large”. are eligible”.
“They may be hearing impaired, but their prayers cannot be allowed to fall on deaf ears,” the judge said.
The court was hearing a plea by the Sacred Heart Clarist Province Charitable Society seeking approval to start an aided arts and science college for the hearing impaired students from the academic year 2022-23.
The society, represented by senior advocate Jaju Babu, moved the high court after their request for affiliation with the Mahatma Gandhi University-aided college was yet to be considered.
The petitioner organization claimed in its petition that the stand of the state government was not correct as the institution they intended to start was not just an aided college but “promoting social engineering by providing essential opportunities to the more vulnerable people”. ” was.
It states that hearing impaired students who successfully complete their higher secondary courses drop out later as there are no opportunities for college education for them.
Mr Babu told the court that the society runs a higher secondary school with hostel facilities for the hearing impaired and the students who pass out from there have no access to discontinue their further education unless they open an aided college. There will be no choice but to.
He also argued that while the proposed institution was aimed at catering to those sections of students who are constitutionally entitled to be protected under the purview of Articles 15 and 16, the government could not stop by merely saying that it would cost.
The senior counsel also argued in the court that the proposed aided college was not large and, therefore, the expenditure would be minimal.
The state government, on the other hand, stuck to its stand that aided colleges were not being sanctioned in view of the “anticipated financial burden” and since this was a policy decision, the court could not interfere with it.
The High Court agreed that the courts cannot interfere with the policy decision-making of the government, but said that in the instant case the institute cannot be treated as any other aided college as they were intended to be “a service for the very weaker section”. hand”. society” which are entitled to full constitutional protection under Articles 15 and 16.
“Essentially, the policy of the Government – not to allow any aided colleges – cannot be mechanically enforced in the case of the petitioner, especially when those students who intend to complete the education, of course Deserves the sympathy and support of the society at large.
“In the aforesaid circumstances, I am sure that the Government should once again consider its stand with reference to the application made by the petitioner, although I clarify that the directions given herein cannot apply to any other person or entity Because I am guided by the specific. Factual circumstances have imposed here,” Justice Ramachandran said.
The court ordered the state government to reconsider the society’s request to start an aided college, but catering only to students with disabilities.
“… This shall be done with such sympathy as is deserving of cause. The Government shall hear the petitioner and examine his/her creditworthiness for the aforesaid purpose and the resultant order shall be issued within a period of two months from the date of receipt of this. copy of the judgment,” the court said.
It said, “Needless to say, as decided by the Government earlier, the University shall proceed to consider the application (of the society) and thereafter pass appropriate orders thereon without any avoidable delay.”
(Except for the title, this story has not been edited by NDTV staff and is published from a syndicated feed.)