SECRETARY Vs. MASTER J RAJKUMAR MINOR

JUDGEMENT

(1.) This Writ Appeal raises an important question of law for consideration regarding the enforceability of 3% reservation for the persons suffering with disabilities as provided in the 'The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, hereinafter referred to as the Disabilities Act.

(2.) Few facts, leading to the filing of the Writ Petition No.36781 of 2002, may be necessary to be stated. The respondent is a minor represented by his father and is 50% physically disabled because of polio attack during his childhood. He appeared in Entrance Examination conducted for Medical/BDS course for the academic year 2002 - 2003 and secured 285.37 out of 300 marks but he could not get admission in Open Category and among physically disabled, he was placed at fifth rank. He could not get a seat in M.B.B.S. course as only three seats were earmarked for disabled. However, he was offered a seat in B.D.S. in payment category. Aggrieved by the said action, he had filed the writ petition.

(3.) The learned single Judge, by his order dated 30.12.2002, upheld the plea that the respondent/writ petitioner was entitled for a seat construing Section 39 of the Disabilities Act as mandatory, disapproved earmarking of only three seats out of the sanctioned seats of 1,255 and held that 39 seats, conforming to 3% reservation for the disabled, ought to be provided and consequently issued directions to the appellants herein to admit the writ petitioner in the M.B.B.S. course for the academic year 2002 - 2003. The argument of the appellants before the learned single Judge that the provision contained in Section 39 of the Disabilities Act is not applicable and in any event, it is only directory and not mandatory, was negatived. Hence, this Appeal.