Kerala HC Grants Interim Relief To Visually Challenged Student, Orders College To Return Original Certificates Pending Payment Of Bond Amount

Justice Ziyad Rahman A.A. observed thus:

“In the meantime, there shall be an interim order directing the 5th respondent (Principal, Government Homeopathic Medical College) to return all the original certificates submitted by the petitioner along with transfer certificate, conduct certificate and migration certificate forthwith, without insisting for any amounts subjected condition that, the petitioner shall undertake before the 5th respondent that in case this writ petition is decided against her, the bond amount of Rs.75,000/- shall be remitted by her.”

The petitioner has a 75 per cent permanent disability in both eyes and was pursuing BHMS after qualifying for the NEET 2020. She has approached the Court because the college refused to return her original certificates, demanding a payment of Rs 75,000.

In her plea, the petitioner submitted that she was unable to complete her papers and wanted to study another course in a different college. The petitioner submitted that the college authorities refused to return her certificates by stating that she had entered into a bond at the time of admission and that her certificates would be returned only on the payment of the amount.

The petitioner argued that withholding certificates by using a bond is illegal, unjust and arbitrary. The petitioner submitted that she has the right to non-discrimination and reasonable accommodation in educational institutions under the Rights of Persons with Disabilities Act, 2016. It is also submitted that refusal to return certificates to pursue education without valid reason amounts to discrimination and failure to provide reasonable accommodation.

The Plea has been moved by Advocates Kaleeswaram Raj, Thulasi K Raj, Chinnu Maria Antony, Aparna Narayan Menon

Case Number: WP(C) NO. 30174 OF 2024

Case Title: Nimmi Alphonsa Joseph v State of Kerala