The Kerala High Court has directed the State government to fully enforce its 2015 policy for persons with disabilities, which includes a monthly scholarship scheme for eligible students. The court stressed that failure to implement the scheme due to the indifference of officials would not be tolerated.
A Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu criticized the reluctance of ground-level officers in executing the scheme and called for punitive action against those found responsible, including Secretaries of the Local Self Government Institutions (LSGIs).
"The benevolent policy of the State, extending assistance to eligible students, cannot be allowed to be defeated by the reluctance and apathy of ground-level implementation officers. The State is also duty-bound to ensure implementation of its own policies and take deterrent action for the failure."
The Court clarified that students do not need to file applications to receive the scholarship. Instead, the responsibility lies with implementing officers to ensure no eligible student is left out due to their negligence.
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To maintain transparency, the Court directed that the list of eligible students and financial disbursements be periodically updated on the official website.
"A mechanism has to be put in place to identify and rectify instances of non-compliance by Panchayats so that failures in implementation can be immediately addressed."
The High Court issued several directions, including the appointment of nodal officers at the State and District levels to oversee the scheme's execution. Eligible students who have not received their scholarships can approach the district-level nodal officer for grievance redressal.
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Background: State’s Policy for Disabled Children’s Welfare
On September 22, 2015, the Kerala government introduced a policy aimed at addressing the challenges faced by persons with disabilities. One of its key initiatives was the monthly scholarship for disabled children, which was initially part of the 13th Five-Year Plan and later incorporated into the 14th Five-Year Plan (2022-2027).
As per a Government Circular issued in January 2025, the scholarship is meant for children with 40% or more mental/physical disability.
Despite being in effect for years, the Court found that the State lacked records of students who received the scholarship in the past 12 months. Additionally, the scheme was not fully implemented at the ground level, with several LSGIs failing to disburse the funds properly.
According to the scheme:
- The Integrated Child Development Services (ICDS) prepares a list of eligible students annually.
- Kudumbashree Neighbourhood Groups, Anganwadi workers, and ASHA workers help identify eligible children.
- If any child is left out, they can request inclusion, and the ICDS will verify their eligibility.
- The LSGI must publish the list of beneficiaries on its website.
- The details of beneficiaries and expenditures must be uploaded on the ‘Sulekha’ software for public access.
With the High Court’s intervention, the State has been ordered to act immediately and ensure the scholarships reach the intended students without delays or bureaucratic hurdles.
Case No: WP(C) 9961 of 2019
Case Title: Martin Paul v State of Kerala and Another
