- (1.) The petitioner is suffering from handicap of 40% permanent disability due to low vision. Despite this handicap, he has been able to pursue his education and has now faced a hurdle for his further advancement in studies.
(2.) The petitioner appeared in the competitive examination for getting admission into B.E. (Information Technology) and sought admission against the seats reserved for handicapped category candidates. In a joint admission brochure, 2011 for admission to Engineering and Architect Courses was issued by respondent-Punjab Engineering College University of Technology in June 2011. Three seats were reserved for physically handicapped candidates. The petitioner was admitted in B.E. (Information Technology) Course for the Ist year. He accordingly deposited his fee and was so granted admission.
(3.) Clause 2.2.3 of the brochure lays down the requirement, which a candidate seeking admission in handicap category has to fulfill. An applicant can be considered in handicap category only if minimum loss of earning capacity due to the handicap is 40%, according to the criteria laid down in the standard of E.S.I Corporation of India. All candidates seeking admission in the category of physically handicapped persons were required to submit their certificates of their permanent disability from Civil Surgeon of the District/Director/Principal or a Professor of Medical College affiliated to the University or an Institution of National importance, provided that the claimant in this category is otherwise capable to pursue the course, for which he seeks admission. The application of the candidate was to be considered only if he had attached such a certificate and those who did not attach such certificate with the application, were not to be called for counselling. This clause further provides that after provisional admission, the candidate will have to appear before the Medical Board constituted by the Principal, Medical Office, General Hospital, Sector 16, Chandigarh for determination of percentage loss of earning capacity through handicap/disability and to get a certificate to this effect. Besides other requirement, the certificate is also to indicate if the candidate is able to carry on the studies and perform the duties of an Engineer/Architects. Final admission was to be made on the basis of this certificate issued by the Medical Board. Those candidates who did not appear before the Medical Board on the date intimated, their candidatures against the reserved category was to be rejected. Clause 2.2.3 of the prospectus is as under:- "Physically Handicapped Applicants will be considered in this category only if the minimum loss of earning capacity due to handicap is forty percent, according to the criteria laid down in the standards of E.S.I. Corporation of India. All physically handicapped persons shall produce a certificate of their permanent physical disability from a Civil Surgeon of a District/Director/Principal or a Professor of a Medical College affiliated to University or an institution of national importance provided that the claimant in this category is otherwise capable to pursue the course for which the admission is sought. If this certificate is not attached with the application, the candidate will not be considered against the seats reserved for this category. The candidate will be called for the counseling on the basis of the certificate attached with the application. After provisional admission, the candidate will have to appear before the Medical Board constituted by the Principal Medical Officer, General Hospital, Sector 16, Chandigarh, for determination of the percentage loss of earning capacity through handicap/disability and getting a certificate to this effect. This certificate will also indicate the name of the disease causing the handicap; whether the handicap is progressive or non-progressive; and whether the candidate is able to carry on the studies and perform the duties of an engineer/architect. The final admission will be based on this certificate issued by the Medical Board. In case any candidate does not present himself before the Medical Board on the date intimated to him, his candidature against the category will be rejected and no subsequent opportunity will be given to him. An applicant having a temporary or progressive handicap would not be considered for admission against the seats reserved for this category." ;