Temporary disabilities should not disqualify individuals from accessing benefits under disability categories, aligning with the long-term impairment focus of the Rights of Persons with Disabilities Act, 2016.

JUDGMENT

Prateek Jalan, J. (Oral)--The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].

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 dated 09.11.2021. 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".

Facts

3. The factual position is undisputed. The petitioner suffers from keratoconus, and originally submitted a disability certificate dated 14.01.2021, 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 dated 04.01.2018 ["the Guidelines"] issued by the Government of India. The certificate is stated to be valid for one year, i.e. until 14.01.2022.

4. The petitioner was unsure of whether he satisfies the eligibility criteria of the PwD category and, therefore, addressed an email dated 21.04.2021 to each of the IITs. He mentioned in the said email that he has a certificate from a government hospital to the effect that he has 40% temporary disability under the "low vision" category, and that the certificate is valid for one year after which he has to re-check his disability and would be given a permanent disability certificate at that stage, if he qualifies. IIT, Kharagpur is the organizing institution for the JEE (Advanced) this year. The JEE office in IIT, Kharagpur informed the petitioner by an email dated 22.04.2021 that he is eligible to get a seat under the PwD category, subject to a valid PwD certificate and other eligibility criteria. He was asked to submit a PwD certificate with 40% disability in Form-II of the brochure of the JEE (Advanced) 2021 ["the brochure"]. An email received from IIT, Bombay has also been placed on record, which shows that the petitioner was told that he was eligible under the PwD category, subject to submission of a valid PwD certificate. However, in this email, he was directed to submit a certificate in Form-IV.

5. The petitioner was allotted a seat in the PwD category in the course of his choice and opted to "freeze his choice", rather than to be considered for upgradation in subsequent rounds of allotment. He was required to have his PwD status verified, which was done at IIT, Kharagpur on 21.10.2021. An endorsement was made on his PwD category certificate,