FTII Pune must allow colour-blind students to pursue all courses on film-making, editing: Supreme Court

The Supreme Court on Tuesday asked the Film & Television Institute of India (FTII) to ensure that its curricula and admissions are open to all including the specially-abled candidates and those who are colour blind. .A Bench of Justices Sanjay Kishan Kaul and MM Sundresh remarked that in such cases where reasonable accommodation is sought, hearts can rule over the mind.Expressing its agreement with the views and report of a committee set up in this regard as per the top court's earlier orders in the case, the Bench ruled,"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."The Court was hearing a plea by a former student challenging the mandatory module on colour editing and him being debarred for not clearing the same on account of his colour blindness. .Counsel for the appellant-student said that he should not have to go through the admission process again after the in-house medical officer had cleared his eye examination. Counsel for the institute said that it would be difficult to modify the entire curricula given the technical nature of the field and in some courses visually impaired are specifically limited from being able to pursue it. They also rejected the finding of the committee that colour editing is not a necessary module to becoming a film editor. The Supreme Court in its order observed at the outset that,"Art is non-conformist and will not fit in any box. It is this thought process which made us pass the order dealing with the aspect of colour blindness."The Bench noted that as per the FTII prospectus, in certain specialised courses visually impaired cannot take admission, though it does not explicitly bar admission of those specially-abled from pursuing courses there.It took note of the committees' findings and recommendations. "It is the view of the committee that individuals with colour blindness should be able to enroll for all courses at FTII. Reasons being film and TV creations are collaborating art forms. Restricting may stifle creative talent, development of art. Any limitation can be overcome by help. It is not for FTII to determine candidates future occupational prospects. Job of an editor is not mechanical, must creatively work with story, dialogue, music and performances and even rewrite the film. It is opined that there is no relevance of colouring course, as an expert can make up for the shortfall."The Court noted that the committee had opined that FTII as a premier institute can put reasonable accommodation as the art of film-making is a collaborative art form and any limitations would be compensated if FTII can accommodate all. On the colour editing course and counsel's rival contentions on its necessity, the Bench observed, "Possibly a mountain out of a molehill is a being created over a 20 minute module." The institute's counsel later clarified that it was a 2-week module but the obstructive element for the appellant was 20 minutes. The Court asked the institute to file a response in two weeks, after a week from which the appellant may file a rejoinder.The matter will be heard again on May 10. "Passage of time from earlier order doesn't allow us to give relief to appellant. Sometimes there is a pioneering role by individuals who may not get direct benefit. We hope that there's broader prospectus," the Court observed in its order. [Follow our coverage of the hearing]