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A Supreme Court bench of Justices Sanjay Kishan Kaul and MM Sundaresh on Tuesday directed the Film and Television Institute of India(FTII) to allow color blind candidates to take admission in all its courses. Court further mooted a proposal to make subjects that may not inclusive for such students to be made optional.
In December last year, Ashutosh Kumar, a 35-year-old man approached the Supreme Court after being barred by the institute because he is color blind. The institute had put forth the logic that he may not be able to pass in certain subjects.
The top court had then directed the creation of a panel of experts comprising an ophthalmologist, a film director, a film editor, a script supervisor, a head of the department from FTII, and a lawyer to analyze whether students with color blindness can be allowed to pursue a course in FTII.
When the matter came up for hearing today, Court analyzed the report filed by the panel of experts, all of whom except one had recommended that FTII should admit students with color blindness as stressing that “filmmaking is a collaborative art and shortfalls can be addressed by having assistance while making the film.”
Court while agreeing with their view noted that “We find ourselves with majority view of committee. Same to be adopted by FTII in its curriculum. It does not impede on their freedom but gives them a broader canvas in pioneering effort.”
Court further noted that FTII as a premier institute can put reasonable accommodation like other global institutes from whom the panel of experts sought an opinion.
Further, Kumar's counsel submitted that he was not permitted to take up the course despite having completed six months of the course. He submitted that though he is willing to waive the first six months and start afresh again he should not have to go through the admission process again after a medical officer had cleared his eye examination.
Furthermore, counsel for the FTII submitted that it would be a difficult task to modify the entire course as the filed is of technical nature and in some courses visually impaired are specifically limited from being able to pursue it.
Court on hearing the submission granted two weeks time for the institute to file its reply on this aspect and adjourned the matter to May 10.
Case title: Ashutosh Kumar Vs FTII
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