JUDGMENT : 1. This matter has been taken up after several rounds of mentioning by the petitioner Srijanak De, represented by his mother. The petitioner has not become a major as on the date of filing the writ petition. 2. The affidavit of service is kept on record. The tracking report shows incomplete service on the respondent no. 2. This matter is taken up on the urgency shown by the parents of the petitioner, which is that the IIT JEE(Advanced) Examination 2019 is scheduled to be held on 27th May, 2019. The reason for treating this matter as urgent is the on-going cessation of work in the Court and second, the examination will be held during the summer vacation. 3. From the statements made in the writ petition, it appears that the petitioner is a student of South Point High School, (Calcutta). The petitioner passed his CBSE Class XII Board Examination by securing 91.05% in aggregate. The CBSE marksheet is annexed in the writ petition. The petitioner Srijanak De, appeared for the Joint Entrance Examination JEE (Mains) 2019 in September, 2018 and secured 97.84 percentile which would also be evident from the annexure to the writ petition. The petitioner’s parents submit that Srijanak De has had a congenital deformity since birth; the deformity being in the right heel and toe. It is submitted that Srijanak De has three fingers in the right toe and there is a substantial difference in the length of his legs which makes walking difficult for the petitioner. The petitioner has been suffering from this condition since birth. 4. On the date of filling up the form for JEE (Mains) 2019 in September 2018, the petitioner did not put in his disability status in the application form. However, on 5th April, 2019, seven months after the petitioner had filled up the application form (by not reflecting his status as disability person), the petitioner was suddenly taken ill and during the course of the medical check up it was discovered that the petitioner had become partially disabled. The result of the medical examination is a “Disability Certificate” issued by the Office of the Medical Superintendent Cum Vice Principal of the Calcutta National Medical College and Hospital dated 29th April, 2019, which states the following: (I) Locomotor disability- OTA Contracture with stiff Ankle- third ray deficiency + 1st, 2nd toe symphaliargism. 5. The result of the medical examination is a “Disability Certificate” issued by the Office of the Medical Superintendent Cum Vice Principal of the Calcutta National Medical College and Hospital dated 29th April, 2019, which states the following: (I) Locomotor disability- OTA Contracture with stiff Ankle- third ray deficiency + 1st, 2nd toe symphaliargism. 5. In the said Certificate the petitioner has been shown to have 46% “permanent physical impairment”. The results of the JEE (Mains) 2019 were declared in the meantime and the petitioner secured 97.8 percentile and became eligible for appearing for the JEE (Advanced) 2019. 6. At the time of filling up the form for JEE (Advanced) 2019, the petitioner sought to change his physical status by inserting his physical disability in terms of the medical certificate of 29th April, 2019. However, the petitioner could not do so as the system did not provide any option for a change in the disability status of the petitioner from September 2018, when the petitioner had filled up the form for JEE (Mains). It has been submitted by the petitioner’s parents appearing in person that the concerned system (the forms are filled up online) automatically took the information provided for the JEE (Mains) 2019 in which the petitioner had not given his disability status. It is further submitted that the petitioner’s father Saumendra Nath De, wrote several letters/e-mails to various authorities including the Director and Registrar of IIT Roorkee and the Chairman of JEE (Advanced) Examination Organising Committee. The correspondence from 5th May, 2019 onwards is annexed to the writ petition. 7. The petitioner is aggrieved by a reply sent by the Chairman, IIT Roorkee stating interalia that the information entered in the data base of the JEE Apex Board which conducts the JEE (Mains) 2019 Examination “is final and requests for change of category will NOT be entertained”. This reply is dated 6th May, 2019. 8. The petitioner’s father then approached the Office of the State Commissioner for Persons with Disabilities, Government of West Bengal for necessary relief which resulted in a letter issued by the said authority to the Chairman, JEE (Advanced) Office of the IIT Roorkee dated 16th May, 2019, drawing the attention of the addressee to the provisions of the “The Rights of Persons with Disabilities Act, 2016’’, which provides certain benefits to certain categories of persons as stipulated under the said Act, in higher education institutions. The letter of the State Commission for persons with disabilities to the Chairman IIT Roorkee dated 16th May, 2019 has been handed up during the course of submission and is taken on record. 9. The petitioner’s parents submit that the petitioner having been certified with locomotor disability of 46% should be given the benefit of appearing in the JEE (Advanced) 2019 Examination under the “Persons with Disability” category. 10. Having considered the submissions of the petitioner represented by his parents, this Court is of the view that the stand taken by the JEE (Advanced) Office, IIT Roorkee being the respondent no.2. (it is submitted that the Chairman of JEE (Advanced) Office is the respondent no. 2, and is also the Director of IIT Roorkee) is prima facie unreasonable as the petitioner seeks to change his disability status based on the Disability Certificate dated 29th April, 2019 which was seven months after the petitioner filled up the form for JEE (Mains). It should be noted that the refusal to change the disability status of the petitioner was in reply to an e-mail sent by the petitioner’s father which had clearly mentioned the Disability Certificate issued by the Government Medical Board being in the format prescribed by IIT. 11. There are several other factors which this Court has taken into consideration. Clause 3 of the information brochure for JEE (Advanced) 2019 issued by the IIT Roorkee – “Reservation of Seats” provides for reservation of 5% of seats for persons with disability in specified categories and that “benefit would be given to those who have at least 40% impairment irrespective of the type of disability i.e., locomotor, visual or Severe dyslexic”. Second, under Chapter VI (Special Provisions for Persons with Benchmark Disabilities) of the Rights of Persons with Disabilities Act, 2016, Section 32 provides for the following: “32. (1) All Government institutions of higher education and other higher education institutions receiving aid from the Government shall reserve not less than five per cent seats for persons with benchmark disabilities. Second, under Chapter VI (Special Provisions for Persons with Benchmark Disabilities) of the Rights of Persons with Disabilities Act, 2016, Section 32 provides for the following: “32. (1) All Government institutions of higher education and other higher education institutions receiving aid from the Government shall reserve not less than five per cent seats for persons with benchmark disabilities. (2) The persons with benchmark disabilities shall be given an upper age relaxation of five years for admission in institutions of higher education.” Under the said act, “persons with benchmark disabilities” defined under section 2 (r) means a person with not less than forty per cent of a specified disability where specified disability has not been defined in measurable terms and includes a person with disability where specified disability has been defined in measurable terms, as certified by the certifying authority.” 12. The above provisions, together with the medical disability certificate issued by the Calcutta National Medical College and Hospital dated 29th April, 2019, fully apply to the petitioner as also Clause 3 of the Information Brochure of the JEE (Advanced) 2019 issued by IIT Roorkee. It is also important to note that the immediate relief is for the petitioner being permitted to change his disability status as certified by the Disability Certificate. It may be noted that the petitioner has already filled up the form for JEE (Advanced) 2019 on 8th May, 2019. Since the deadline for filling up such forms was 9th May, 2019 and the petitioner did not want to miss the deadline. Having seen the photographs of the petitioner’s pronounced disability of the right heel and toe and more significantly the Disability Certificate, this Court is of the view that the petitioner should be permitted to change his disability status and the concerned respondents should permit the petitioner in doing the same. The stand taken by the respondent no.2, namely that the information fed into the system seven months prior assumes finality for all times to come, is untenable since a condition of disability can result at any point of time even from an accident or a similar misfortune resulting in more than 40% benchmark disability. The concerned authorities must therefore provide for a system which can take into account sudden disabilities occurring from unforeseen subsequent events and for allowing the candidates to change their status accordingly. The concerned authorities must therefore provide for a system which can take into account sudden disabilities occurring from unforeseen subsequent events and for allowing the candidates to change their status accordingly. In this case, the petitioner Srijanak De, has had a physical deformity since birth which had only aggravated in degree on 5th April, 2019, seven months after he had filled up the form for JEE (Mains) 2019. 13. In view of the above, there will be an interim order permitting the petitioner to appear in the JEE (Advanced) 2019 examination scheduled to be held on 27th May, 2019, under the Persons with Disability status and the respondent nos. 1, 2 and 3 are directed to permit the petitioner to do the aforesaid by whatever means required so that the petitioner Srijanak De, can update the application form or any other data for the JEE (Advanced) Examination 2019 and can appear in JEE (Advanced) examination 2019 under the Persons with Disability category. 14. List this matter in the week beginning 17th June, 2019.