When Madras High Court stepped in to protect disabled law student’s right to inclusive education

The Madras High Court allowed the plea filed by a law student who was denied fee exemption on the ground that he had not been admitted under the persons with disabilities quota.

4 min readNew DelhiJan 28, 2026 05:00 PM IST

Madras High Court held that petitioner is eligible for the waiver of fees. (Image generated using AI)

Coming to the aid of a law student suffering from 40 per cent disability, the Madras High Court recently directed the Tamil Nadu Dr Ambedkar Law University to grant fee waiver to the law student, observing that the implementation of fee waiver measures for persons with disabilities cannot be approached pedantically by clubbing it with reservation.

Justice D Bharatha Chakravarthy passed the order while allowing a plea filed by a student enrolled in the three-year LLB (Hons.) course, who was denied fee exemption on the ground that he had not been admitted under the persons with disabilities quota.

Justice D Bharatha Chakravarthy allowed the plea filed by the law student and granted waiver of fees.

Justice D Bharatha Chakravarthy allowed the plea filed by the law student for grant of waiver of fees.

“When the intention of the State of Tamil Nadu as well as the 2nd respondent (university) is to provide fee waiver to persons with diabilities, its implementation same cannot be approached pedantically by clubbing it with reservation. Persons with disabilities require both reservation and welfare measures so as to provide them with equal opportunities to complete their education along with other candidates,” the order read.

University's Submissions

Fee waiver ONLY for students admitted under 5% disability quota

✅ Court's Correction

Fee waiver is a welfare measure, NOT tied to admission quota

Student's Case

Admitted under backward class quota with 10% disability, later certified at 40% disability

Relief Granted

Complete fee waiver for Year II and all subsequent years of LLB course

Court's Key Observation

"Implementation cannot be approached pedantically by clubbing fee waiver with reservation"

Express InfoGenIE

Background

The petitioner, who suffers from a specific intellectual disability/mental illness, was initially assessed with a 10 per cent disability at the time of admission and was admitted under the backward class quota as his disability did not cross the benchmark of 40 per cent.
Subsequently, his condition worsened and a fresh disability certificate assessed his disability at 40 per cent, qualifying him as a person with benchmark disability.
Due to financial hardship, he was unable to pay the second-year fees and was barred from attending classes and examinations, prompting him to approach the high court.
The University argued that fee waiver was available only to students admitted under the 5 per cent reservation for persons with disabilities under the Rights of Persons with Disabilities Act, 2016, and that the quota had already been filled.

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Findings

It is true that the Rights of Persons with Disabilities Act, 2016 provides for free education under Section 31 only up to the school level and, insofar as higher education is concerned, under Section 32, only reservation is made mandatory.
However, with its social consciousness and the welfare orientation, the state government and consequently, the university have also extended the other welfare measures, such as, fee waiver for persons with disabilities.
Persons with disabilities require both reservation and welfare measures so as to provide them with equal opportunities to complete their education along with other candidates.
Considering the extraordinary circumstances, in which the petitioner is pursuing his education despite his personal condition, every effort should be made to ensure that the petitioner completes his education and that every opportunity is provided to him, so that he may lead a normal life like any other person.
Petitioner is eligible for the waiver of fees and the fee payable by the petitioner for the second year and the ensuing years, so long as the petitioner continues to be within the benchmark disability of 40 per cent shall stand waived.
Since the attendance was not marked as the petitioner had not paid the fee and, therefore, not treated as being on the rolls of the institution, and considering the fact that the petitioner was present in the institution and attended the classes at his will, and further considering the extraordinary circumstances of the case, it is declared that the petitioner has sufficient attendance.

Ashish Shaji

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More