Court Recognizes Fee Waiver as a Right, Not a Privilege, for Students with Disabilities
In a significant ruling, the Madras High Court has ordered The Tamil Nadu Dr. Ambedkar Law University to grant a tuition fee waiver to Gokula Krishnan B, a differently abled student pursuing a 3-Year LL.B. (Hons.) Degree. Justice D. Bharatha Chakravarthy emphasized that fee waivers for students with disabilities are rights under the constitutional framework, not privileges.
The petitioner, Gokula Krishnan B, who initially joined the law course under the Backward Class quota, had his disability percentage subsequently reassessed to 40%, qualifying him for benefits under the Rights of Persons with Disabilities Act, 2016. Despite this, the University refused to waive his fees, citing that he was not admitted under the disability quota.
The Court, however, ruled that the fee waiver policy, as outlined in the University's prospectus, should extend to all students meeting the benchmark disability criteria, irrespective of their initial admission category. The judgment reflects the Court's commitment to ensuring equal educational opportunities for students with disabilities, aligning with Articles 14 and 21 of the Constitution.
Justice Chakravarthy also directed the University to declare Gokula's exam results and allow him to continue his education uninterrupted. The Court acknowledged the extraordinary circumstances faced by the petitioner, who comes from a poor agricultural family and is undergoing medical treatment for his disability.
The ruling further mandates coordination between the treating psychiatrist and the University to ensure a supportive academic environment for the petitioner. The Court praised the University's faculty for their empathy towards the student and acknowledged the efforts of the legal-aid-counsel, Mr. Rajagopal Vasudevan, in representing the petitioner.
Bottom Line:
Rights of Persons with Disabilities Act, 2016 - Fee waiver for differently abled students pursuing higher education - Petitioner, a differently abled student with 40% disability, entitled to fee waiver as per the institution's prospectus - Fee waiver and reservation for persons with disabilities are distinct welfare measures aimed at ensuring equal opportunities.
Statutory provision(s): Rights of Persons with Disabilities Act, 2016 Sections 31 and 32, Constitution of India Articles 14 and 21.
