BHAGEERATHI Vs. STATE OF KERALA

JUDGEMENT

(1.) The plea of the petitioner is that she is a trainee in a rehabilitation centre for mentally challenged, as evidenced by Ext. P3, however that she has been treated as a person who is staying day time in a day care centre, thereby resulting in reduction of total allowances / scholarship available to her in terms of the Guidelines on subsidy and related issues for Eleventh Five Year Plan of Local Governments, appended to Ext. P5 Government Order, GO (MS) No. 183/07/LSGD dated 24/07/2007. She attributes this situation to a mis application of the entries in paragraph 4.3 (B) of those guidelines.

(2.) The mentally challenged students, going by Ext. P5, are entitled to monthly scholarship, yearly dress allowance, yearly allowance for study materials / educational tools and conveyance allowance etc. in terms of entries at columns 1 to 4 in paragraph 4.3(B) of the Guidelines. Those persons who fall under the category of serial No. 5 thereunder are those who are mentally challenged and above 21 years of age staying day time in day care centres. Such persons are really not undergoing any process of education, instruction or training. Persons who are undergoing instructions, training, education cannot be brought under that category because staying day time in a day care centre is conceived in relation to persons who require such housing during the day time for various reasons attributable to their mental health situation and availability / non availability of alternate assistance at home. If a person is undergoing a training programme in connection with rehabilitation of mentally challenged, he / she cannot be brought under the cover of persons who are staying during day time, in day care centres.

(3.) Ext. P1 discloses that the petitioner has 60% disability and has been issued with railway concession as per Ext. P2 certificate. Ext. P3 certifies that she is a trainee of Devashrayam Rehabilitation Centre for the Mentally Challenged, which is a registered charitable society.