A division bench of Justice Shantanu Kemkar and Justice Prakash Naik rejected the petition filed by Ashutosh Gola who challenged the rules after he was denied admission to the post graduate diploma course in Editing.
The Bombay High Court has upheld the rules laid down by the Films and Television Institute of India (FTII) with regard to colour blind students who seek admission to courses at the institute.
A division bench of Justice Shantanu Kemkar and Justice Prakash Naik rejected the petition filed by Ashutosh Gola who challenged the rules after he was denied admission to the post graduate diploma course in Editing.
Gola claimed that colour blindness is neither a blindness nor a low vision eye condition within the meaning of Section 2(b) of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, and as such denial of admission on the basis of colour blindness is illegal.
The institute has also not taken into consideration the suitability of colour blind students for each individual course run by it, but has arbitrarily put a clause in the eligibility criteria that candidates suffering from colour-blindness will not be suitable for the course which are not suitable for visually-challenged candidates. Moreover, two candidates, in a previous case, have been granted admission.
The institute opposed the plea by saying that the nature of studies and the professional assignments carried out during the academic session or in the professional life of a student for the course in question, demands in-depth knowledge of various colour shades, colours schemes, colour matching, colour continuity and a distinguishing ability between different colours.
Further, the institution has set up an Admission Committee comprising of experts from various fields. It took into account all the issues that a colour blind student would face during and after the completion of the course, and reached the decision that candidates would not be eligible for certain courses in the institute.
The bench after going through the rules and facts of the case said “In view of the aforesaid legal position it is clear that the court should show the deference to recommendations of expert committee, particularly when no mala fide have been alleged against it. The court should not endeavour to sit in appeal over the opinion of the experts.”
Rejecting the plea, the court said “We are of the view that candidate is suffering from disability of colour blindness, he cannot claim admission in the course in question in which, according to the FTII rules framed by the expert body of the institute it cannot be allowed.”
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