- (1.) PETITIONER relying on sub -cl. (3) of Regulation 4 of Mangalore University Post Graduate Degree and Diploma (Selection for Admission) to M.B.A. Course has sought for issue of a writ in the mature of mandamus directing respondents to select and admit him to M.B.A. Course for the academic year 1986 -87.
(2.) IN support of the plea that he is physically handicapped he has produced Medical Certificate issued by Dr. M. K. Jayanandan. Civil Surgeon Grade -11 Government Hospital, Kasargod (AnnexureA). Syndicate of Mangalore University has not considered infirmity mentioned in Certificate as physical handicap. The decision as extracted in Statement of Objections reads thus: - "......Sri Suresh K. is not eligible to be considered under Physically Handicapped category as cleft palate is not a kind of handicap to be considered under that category ............" Sri Naik, learned counsel for petitioner contended that University has made reservation of seats in favour of sportsmen and physically handicapped as contemplated in Regulation 40) of the Regulations and petitioner is entitled to be admitted in that reserved category. He further contended that denial of admission or selection based on degree of infirmity is impermissible and when once authority reaches conclusion that there is some sort of infirmity candidate as of right is entitled to an admission. Sri P. Viswanatha Shetty, learned counsel for University submitted that Syndicate which consists of three eminent Doctors as members, including Director of Medical Education, have opined that infirmity referred to in certificate does not tantamount to physical handicap and in view of this conclusion there is no justification to interfere in exercise of its jurisdiction under Art. 226 of the Constitution of India.
(3.) FOR proper appreciation of rival contentions, it is better to extract regulation. It reads thus: "One seat for physically handicapped candidate and one seat for sportsmen who have represented at any one or more at the University level, State level or National level sports or games may be reserved outside the intake fixed at the discretion of the syndicate for each course." Reservation contemplated is outside the intake fixed. If sportsmen or a candidate physically handicapped is to be provided within intake quota, then necessarily there must be a reservation preceding selection. If reservation is outside the intake, Syndicate, depending upon its satisfaction, may reserve or may not reserve.;