Kerala High Court Aids Youth With Substance Abuse Disorder To Secure College Admission, Pay Tuition Fees

The Kerala High Court recently aided a youngster suffering from substance abuse disorder and other mental illnesses to secure admission in the college of his choice. The Court also ensured that his course fee was paid.

The Division Bench comprising Justice A. Muhamed Mustaque and Justice Harisankar V. Menon was considering the plea by the youth's father seeking the Court's direction for ensuring proper medical treatment and protection for his son, a 'Person in Need of Care'.

The petitioner's son was a young man, who was suffering from serious mental illnesses due to abuse of drugs and under prescription medication. While he was undergoing treatment at a private facility, he was arrayed as an accused in a crime alleging commission of offence under Section 20(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Upon the request on the police, he was discharged by the facility for his arrest. He refused to take medication while in custody and after his enlargement on bail. Aggrieved, the petitioner had approached the High Court.

With the intervention of the Court, the petitioner's son was provided treatment with a Government Mental Health Centre with a specific direction not to insist for a bystander since the petitioner and his wife were not in a position to stay as bystanders, being daily wage earners.

Considering the larger issue made out in the case, which was, who are persons fit to stay as bystanders for patients in mental health centres, the Court had suo motu impleaded Social Justice and the Women & Child Development departments. It also directed the amicus curiae and the Project Co-ordinator of the Victim Rights Centre to submit reports in this regard.

During the course of the entire proceedings, the Court had interacted with the youth and his parents. It also considered the report of Junior Medical Consultant of the Centre and order for the release of the petitioner's son to his care. Subsequently, the Court was told that the young man was taking medicines regularly while under his father's care.

Since the young man had expressed an interest in joining an ITI course, the Court, by its order dated 08.10.2025, had directed the amicus curiae in the case to contact the institute to explore the possibility of admitting the young man to any of the courses in which he is interested. However, at this point of time, the institute informed that the last date for obtaining admission was already over and it cannot to admit any student beyond the cut-off date prescribed by the National Council for Vocational Education and Training (NCVET).

The Court then thought it fit to suo motu implead the NCVET in the proceedings to consider the possibility of permitting him to enrol in the course, ignoring the cut-off date. Accordingly, the Deputy Solicitor General of India informed the Court that the NCVET extended the cut-off date for admission and that the petitioner's son has been enrolled in the course.

Considering the submission, the Court

"If that be so, we direct the Kerala State Legal Services Authority (KeLSA) to release the tuition fee payable for Sri.XXX from the cost fund received as per the directions of this Court dated 07.10.2025 in O.T.C. No.9 of 2025 & connected cases. The payment shall be made through the learned Amicus Curiae, who shall make available the copy of the receipt for the payment of the tuition fee. If any amount has already been paid, it shall be reimbursed to the payer."

It also directed the amicus to interact with the young man once in two months. The Court further recorded its appreciation to the counsels in the case and the amicus for their cooperation in ensuring rehabilitation to the young man.

Case No: XXX

Case Title: XXX v. State of Kerala and Ors.

Citation: 2025 LiveLaw (Ker) 657

Counsel for the petitioner: V. John Sebastian Ralph, Vishnu Chandran, Ralph Reti John, Giridhar Krishna Kumar, Geethu T.A., Mary Greeshma, Liz Johny, Krishnapriya Sreekumar

Counsel for the respondents: O.M. Shalina - Deputy Solicitor General Of India, N. Manoj Kumar - State Attorney, K.R. Ranjith - Government Pleader, Sathya Sreepriya

Amicus Curiae - V. Ramkumar Nambiar

Click to Read/Download Judgment

Click to Read/Download Order in OTC No. 9 of 2025