Tuesday, March 7, 2017

Bombay HC: Upholds rejection of a candidate with Colour Blindness for admission to FTII

Court: Bombay High Court (civil appellate jurisdiction)

Bench: Justice Shantanu Kemkar and Justice Prakash Naik 

Case No.: Writ Petition No. 12296 of 2016

Case Title:  Ashutosh Kumar Dariyapur Gola Vs. The Film and Television Institution of  India & Anr        

Date of Judgement: 07th March, 2017


The Bombay high court on Tuesday upheld the decision of Film and Television Institute of India (FTII) not to grant a colour blind candidate admission to the film editing course.

A divison bench gave their verdict on a petition by Patna based Ashutosh Kumar who was short listed for the post graduate diploma course in film editing. During medical examination he was found to be colour blind and his admission was declined in view of FTII Rules which state that colour blind candidates are not entitled to get admission in various courses including film editing.

Kumar's advocate Kartikeya Bahadur argued that colour blindness is neither a blindness with the meaning of Persons with Disabilities Act and as such the denial on the  basis of colour blindness is illegal. The judges took note that FTII has set up an admission committee of experts from various fields to review the admission criteria.

The bench said when an expert body has fixed eligibility criteria and carved out six courses in which colour blind candidates are not found suitable, the action of  FTII denying admission cannot be said to be illegal or arbitrary. "Keeping in mind the aforesaid, we are of the view that the petitioner being a candidate suffering

from disability of colour blindness, he cannot claim admission in the course in question, in which according to FTII Rules framed by expert body, he cannot be allowed,'' it added. The judges also noted that in the absence of any mala fide or arbitrariness alleged by Kumar against FTII there is no need for the court to  interfere.