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Civil · Reportable judgment

Ashutosh Kumar vs The Film and Television Institute of India & Anr.

Court
Supreme Court of India
Date
12 April 2022
Case No.
Civil Appeal No. 7719 of 2021
Bench
Sanjay Kishan Kaul, M.M. Sundresh
Citation
[2022] 16 S.C.R. 1094 : 2022 INSC 418
Supreme Court Reports [2022] 16 S.C.R. 1094 : 2022 INSC 418
Headnote

Education/Educational Institutions: Admission – Disability – Color Blindness –Diploma course in Editing in the Films and Television Institute of India – Appellant, colour blind person excluded from pursuing a course for Diploma in Editing in the Films and Television Institute of India, Pune(FTII) – Previous order by this Court that the appellant has to go through the process of selection de novo due to his color blindness – Appellant relying on the principle of reasonable accommodation, tried to persuade this Court to revisit its earlier observations – Thereafter, constitution of an expert Committee to opine on the aspect of colour blindness as a disqualification for admission in various courses – Recommendation by the Committee that individuals with color blindness should be permitted to enroll ‘for all courses’ offered by FTII and the color grading module in the existing Diploma in Film Editing Course curriculum, should either be excluded or made elective – Accepting the majority opinion of the Committee, it is held that the individuals with color blindness are required to be adopted by the FTII in its curriculum – Said direction would also be applicable to other film and television institutes following a similar educational curriculum – However, due to the passage of time and the earlier order passed by the Court, no relief could be granted to the appellant.

Maqbool Fida Hussain v. Rajkumar Pandey & Ors., (2008) SCC Online Del 562; Vikash Kumar v. Union Public Service Commission & Ors. (2021) 5 SCC 370; Pranay Kumar Poddar v. State of Tripura & Ors., (2017)

13 SCC 351: [2017] 2 SCR 797 – referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by SANJAY KISHAN KAUL, J. 1. The art is non-conformist in character! We are reminded of Edgar Degas’ poignant observation that “Art is not what you see, but what you make others see.” 2. The respondent Institute is a premier Institute and one would expect it to encourage a liberal thought process and not put courses connected with films in any conformists’ box. It is this thought process which made us pass the order on 30.11.2021 dealing with the aspect of colour blindness. We had sketched out that the colour blindness is not a form of blindness at al
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