Wow! IIT's always have a problem. It is perhaps  the third  documented
instance of being dragged to court by a physicallly disabled candidate
in a single year. Really unfortunate!


On 8/6/13, Kanchan Pamnani <kanchanpamn...@gmail.com> wrote:
> Today's Times of India.
>
> HC tells IIT-B to consider case of 'disabled', let her attend classes
> MUMBAI: The Bombay HC on Monday offered relief to a student with learning
> disability (LD), who had sought admission to masters in design at the Indian
> Institute of Technology (IIT), Bombay. The HC, in an interim order, directed
> IIT-Bombay to consider her case for admission
>
> and allow her to attend classes immediately from Tuesday as they had already
> begun on July 18.
>
> The bench of Chief Justice Mohit Shah and Justice M S Sanklecha admitted a
> petition filed by a Chembur girl, who said the IIT was violating her rights
> but not considering her case for admission to Masters in Design on
> "incorrect" grounds that LD does not fall under "person with disability"
> category for which there are concessions.
>
> The student, who completed her bachelors from a Pune college, the Common
> Entrance Exam for Design (CEED) 2013 for admission to the PG degree in
> design at IIT. She scored 50% in Part A of the two-part entrance exam. She
> had initially applied under the open category. But after the results were
> declared, she approached the IIT for a change of category. In the persons
> with disability category, the minimum cut-off score was 32% and that made
> her eligible, said her counsel R K Samal in the HC on Monday. He said, the
> IIT was not considering her case despite a 2010 Delhi HC order that recorded
> an opinion of Directorate General of Health Services that dyslexia can be
> considered as a disability under the mental retardation category if the
> person has 40% or more disability. He said such a person was then eligible
> to claim benefits of reservation under the provisions of The Persons with
> Disabilities (Equal Opportunities, Protection of Rights and Full
> Participation) Act, 1995.
>
> The IIT did not even appear for a hearing in Delhi held in June by the
> ministry of social justice, which she had approached earlier, he said. The
> girl had been pursuing IIT since March for admission. The HC took this into
> consideration while directing her to deposit semester fees and attend
> classes.
>
> The IIT said she has learning disability of "dyscalculia" only and it
> "cannot be considered a disability" that would fall within the HRD ministry
> "guidelines for reservation for persons with physical disability". In its
> affidavit, it said it denied "malafides or malice" as alleged and added that
> "every case is dealt with utmost sympathy for any student in a friendly
> manner and in their best interest". It said that the "student had not
> informed the authorities about a change of category even on the day of the
> examination". The IIT said it had limited seats and that qualifying in both
> parts of the entrance test was essential.
>
> The HC told the IIT to declare Sharma's result in Part-B of CEED by treating
> her Part-A scores as being under the persons with disability category. It,
> however, clarified that the IIT could "carry on the selection process for
> taking the final decisionwhether the petitioner should be granted admission
> in Master Design in the category of persons with disability". The matter
> will be heard on September 2.
>
> Kanchan Pamnani
> Advocate & Solicitor
> 9, Suleman Chambers,
> Battery Street, Colaba,
> Mumbai - 400 039.
>
>
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