ANMOL KUMAR MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) 1. Notice in the present petition was issued on 23/11/2021. Mr. Arjun Mitra, learned counsel for the respondent Nos. 2 and 3-Indian Institute of Technology ["IIT"?], Kharagpur and Joint Seat Allocation Authority (JoSAA) 2021 respectively, has taken instructions and submits that no counter affidavit is required. The petition can, therefore, be decided on the documents on record, and is taken up for hearing with the consent of learned counsel for the parties.

(2.) The petitioner seeks admission to IIT, Kharagpur for the Electronics and Electrical Communication Engineering Dual Degree (B.Tech. plus M.Tech.) course. He suffers from a condition of visual impairment called keratoconus, and applied for admission in the category of Persons with Disability ["PwD"?]. He was admitted to the course of his choice pursuant to the Joint Entrance Examination ["JEE"?] conducted by the respondents. However, his admission was cancelled, as reflected on the admissions portal on 31/10/2021, and communicated to him by a communication dtd. 9/11/2021. The reason stated for the rejection of his candidature is that the disability certificate submitted by him mentions that his disability is temporary and "likely to improve"?.

(3.) The factual position is undisputed. The petitioner suffers from keratoconus, and originally submitted a disability certificate dtd. 14/1/2021, issued by the Issuing Medical Authority, South West, Delhi, Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, Government of India. The certificate records that he has a 40% temporary disability in relation to both eyes as per the guidelines for assessing the extent of specified disability under the Rights of Persons with Disabilities Act, 2016 dtd. 4/1/2018 ["the Guidelines"?] issued by the Government of India. The certificate is stated to be valid for one year, i.e. until 14/1/2022.