Student doesn`t have 40pc disability: IIT-D to HC

Filing its reply on the plea of 17-year-old Amit Kumar, a native of Bihar, the IIT said the petitioner was found with 18 percent disability.

Updated: Jul 02, 2012, 20:30 PM IST

New Delhi: The IIT Delhi on Monday told the Delhi High Court that its medical board, constituted for IIT- JEE 2012, had suggested that the boy, who moved the court for a direction for his admission under the disability quota, did not meet the requisite 40 percent permanent disability.

Filing its reply before Justice G S Sistani on the plea of 17-year-old Amit Kumar, a native of Bihar, the IIT said the petitioner was found with 18 percent disability.

"The medical board of IIT-JEE 2012, which examined the petitioner (Kumar)on June 5, 2012, found only 18 percent permanent disability.

"The medical Board concluded that he did not qualify for the physical disability quota as the requirement of having at least 40 percent disability was not met," the Institute said.

Countering the petitioner`s claim based on the certificate issued by the Darbhanga (Bihar) Medical College Hospital, the IIT said the certificate was issued in 2005 and the doctors had also opined that his condition would improve after the operation was done.

It was also alleged that the state government had not authorised the Darbhanga Hospital to issue disability certificate under the Disability Act.

The court asked the petitioner`s counsel Ashok Aggarwal to submit the authorisation letter issued by the state government to the Hospital by the next date of hearing.

Kumar, in his petition, said the IIT has rejected his candidature and alleged the procedure (of medical test) adopted by IIT, Delhi, is absolutely illegal, unjustified and unwarranted inasmuch as the petitioner was already having a valid certificate certifying that he is suffering from 40 percent disability.

Kumar claimed he had secured 74 per cent in 12th Class CBSE examination and was eligible for admission in the IIT. The candidate had appeared in Joint Entrance Examination, IIT-JEE 2012.

"The action on the part of IIT in rejecting candidature of the petitioner for admission in IIT on the ground that the petitioner does not fulfil the requisite qualification of 40 percent disability is arbitrary, incorrect, discriminatory, unreasonable, unconstitutional and violative of Articles 14 and 21 of the Constitution of India," the petition said.

Kumar claimed he was handicapped since birth due to stiffness in knee and hip joints and had also been suffering from multiple exostosis (formation of a new bones on the surface of existing ones).

He sought the court to direct the IIT to forthwith consider his candidature for admission against the physically handicapped quota and also give him admission to a suitable college to which he is entitled to.

He further said he had appeared IITs` Joint Entrance Examination, 2012, in November last year against the quota for the physically handicapped candidates and appeared in the entrance test on April 18 this year.

"On May 18, 2012, the result of the said JEE was declared wherein the petitioner scored GEPD 113 Rank in IIT-JEE 2012," he said in the petition.