MARTIN PAUL Vs. STATE OF KERALA

JUDGEMENT

(1.) The State of Kerala, on 22/9/2015, formulated a policy to address the issues faced by the persons with disabilities. The policy included establishing an integrated management system for co- ordination across the Government sectors, developing capacity- building strategies to enhance policy implementation, formulating a comprehensive action plan with public education to challenge societal prejudices, and creating State-level structures like the Department of Disability Affairs and the Kerala State Disability Council for operational planning across sectors.

(2.) In furtherance of the policy, on 3/4/2017, the State of Kerala issued a Government Order formulating guidelines in respect of the scheme and welfare measures to be implemented by various Local Self Government Institutions (LSGIs). In the 13th Five-Year Plan (2017- 2022) prepared by the Local Self Government Department (LSGD), the State of Kerala issued guidelines for the LSGIs. Clause 10 of the guidelines deals with grants for persons with physical and mental disability, especially students. Under Clause 10, LSGDs are required to maintain and renew the database of persons with disabilities, in consultation with the Social Security Department. The database management has to be done by the Social Security Department. Clause 10.1 deals with the distribution of items given free of cost. There are further benefits to be given in respect of instruments and materials.

(3.) By Circular dtd. 16/8/2018, the Joint Secretary of LSGD issued directions to all District Planning Officers, Panchayats, Corporations, and Municipalities that there shall not be any default in the distribution of scholarship to the students with disabilities (henceforth referred to as eligible students). Further, by Circular dtd. 25/1/2019, again a direction was issued to the LSGIs, to ensure that sufficient funds are reserved, so that scholarships can be given without interruption, as it is noticed that amounts are not being given to eligible students for lack of sufficient funds. It was further directed that the scholarship/batta is to be given on a monthly basis without fail.