- (1.) IN exercise of power under Article 162 of The Constitution of India, the Government of Tamil Nadu issued an order known as Policy Government Order identifying, among other things, the source for admission of candidates to medical/dental courses for the academic year 2004-2005. In terms of the said Government Order, the Director of Medical Education issued the prospectus in regard to the eligibility of the candidates for admission and their educational qualification, entitlement for consideration under rule of reservation, method of selection and admission, reserving certain seats under special category including reserving 3% seats for physically handicapped candidates. Clause 15 (iv) of the prospectus reads as under:- "3% of the total number of seats available in Government/self-financing Medical/dental Institutions are reserved for the Physically disabled candidates. The reservation of seats will be provided for the category of locomotory disorders of lower limbs between 50% to 70% and the other conditions for admission into MBBS/bds Courses will be applicable as in the case of general category. The candidates are required to produce a certificate from the District Medical Board of the area concerned constituted for this purpose assessing the nature and the extent of physical disability in the format prescribed in the Annexure-III. The medical certificate received without the specific recommendations of the District Medical Board will not be considered for selection under the Special Category. " In the said clause, the Government reserved 3% of the total number of seats available to Government/self-financing medical/dental institutions for the physically disabled candidates. The Government also prescribed the criteria for consideration and admission of candidates as against the said 3% seats, whereby candidates with locomotory disorders of lower limbs between 50% and 70% were alone made eligible.
(2.) THE petitioner has passed the Higher Secondary Course examination conducted by the State in the academic year 2003-2004 and secured 260. 38 aggregate marks. He belongs to Most Backward Community. As the petitioner is physically disabled due to "residual polio (left lower limb)", which was assessed at 48% disability, applied for admission to the first year M. B. B. S. Degree course as against the seats reserved for physically handicapped candidates. As Clause 15 (iv) mandated that the candidates with 50% to 70% disability alone were entitled for consideration and the disability of the petitioner having been assessed only at 48%, he was disentitled for consideration. The petitioner has questioned the said Clause 15 (iv) on the ground that after the introduction of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as "the Act"), a person with disability "suffering from not less than 40% of any disability as certified by a medical authority", the prescription of between 50% and 70% disability in the prospectus is opposed to the provisions of the said Act.
(3.) MR. R. SUBRAMANIAN, learned counsel for the petitioner would submit that inasmuch as the disability of the petitioner has been assessed at 48% which is more than 40% as prescribed under Section 2 (t) of the Act for entitlement to seek admission as against the 3% seats reserved by the State Government in terms of Section 39 of the Act, the denial of admission is only on the basis of the impugned Clause 15 (iv) and hence the said Clause is invalid and opposed to the Act.;