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2022 Supreme(SC) 1408

SANJAY KISHAN KAUL, M. M. SUNDRESH
Ashutosh Kumar – Appellant
Versus
Film And Television Institute of India – Respondent


Advocates appeared:
Mr. Colin Gonsalves, Sr. Advocate, Ms. Olivia Bang, Advocate, Mr. Satya Mitra, Advocate, Mr. M. Shoeb Alam, Advocate, Mr. Mohd. Ovais, Advocate, For the Appellant / Mr. Amit Anand Tiwari, Advocate, Mr. Ashutosh Jha, Advocate, Ms. Priyanka Telang, Advocate, Ms. Devyani Gupta, Advocate, Ms. Aishwarya Bhati, Ld. ASG, Ms. Manjula Gupta, Advocate, Mr. Om Prakash Shukla, Advocate, Mr. Gopal Jha, Advocate, Ms. Manisha Chava, Advocate, Mr. Sughosh Subramanyam, Advocate, Mr. Amrish Kumar, Advocate, For the Respondent.

JUDGMENT

Sanjay Kishan Kaul, J. - The art is non-conformist in character!

We are reminded of Edgar Degas' poignant observation that "Art is not what you see, but what you make others see."

2. The respondent Institute is a premier Institute and one would expect it to encourage a liberal thought process and not put courses connected with films in any conformists' box. It is this thought process which made us pass the order on 30.11.2021 dealing with the aspect of colour blindness. We had sketched out that the colour blindness is not a form of blindness at all but a deficiency in the way you see colour. This medical condition makes it difficult to distinguish certain colours such as blue and yellow or red and green, and an estimated eight percent of the male population and less than one per cent of the female population have red and green colour deficiency, being the most common form of colour blindness.

3. The Us which has arisen before us is from a fundamental question where a person who is colour blind is excluded from pursuing a course for Diploma in Editing in the Films and Telev

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