IMPORTANT POINT
The State must ensure timely disbursement of scholarships to eligible students with disabilities and enforce compliance with its policies, holding Local Self Government Institutions accountable for failures.

JUDGMENT :

Nitin Jamdar, C.J.

The State of Kerala, on 22 September 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 April 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 13^th 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. This Petition concerns the scholarship to be given to the students with disabilities.

3. By Circular dated 16 August 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 dated 25 January 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.

4. Guidelines on Subsidies and Financial Assistance were issued on 28 May 2020. In paragraph 7.1.6(e) of the guidelines, it was directed that LSGIs have to undertake projects to ensure that all eligible children receive their scholarships and allowances without delay, every month. The LSGIs were directed to allocate funds as per the guidelines and transfer them to Grama Panchayats for implementation of the scholarship project. The list of eligible beneficiaries is to be prepared by the Integrated Child Development Services (ICDS) and Supervisor of the Women and Child Development Department. They are required to update the beneficiary list annually. It was made clear that the eligible students are not required to formally submit an application to be considered for the scholarship programme, as the implementing officer was required to update the beneficiary list annually.

5. Another Government Order was issued on 19 April 2022 laying down guidelines for Rural Local Governments. In paragraph 6.4(b)(2) of the said guidelines, it was stated that the LSGIs should provide eligible students with the permissible scholarship and allowance as per the Subsidy Guidelines. The necessary funds for this are to be allocated in the ratio of 60:30:10 among Grama Panchayats, Block Panchayats, and District Panchayats, respectively. In cases where the LSGD cannot raise the amount in this ratio, funds from other tiers of local bodies were permitted to be utilized to cover the shortfall. A corresponding provision was included in the Government Order dated 19 April 2022.

6. The primary grievance of the Petitioner is regarding the non- disbursal of scholarships to eligible students. The Petitioner calls upon the Respondent – State A