- (1.) M. Katju and R. K. Singh, JJ. Heard learned Counsels for the parties.
(2.) THE petitioner is a confirmed Lec turer in Sanskrit in Aligarh Muslim University, Aligarh. By means of this peti tion he has prayed that three per cent reservation should be made for the post of Sanskrit Reader in favour of a physically handicapped person. THE petitioner claims to be a physically handicapped per son and he has relied on Section 39 of the Persons with Disabilities (Equal Oppor tunities, Protection of Rights and Full Participation) Act, 1995. Section 39 of the Act reads as under:- "39. All Government educational institu tions and other educational institutions receiv ing aid from the Government, shall reserve not less than three per cent seats for persons with disabilities. " In our opinion, Section 39 has no application because it deals with reserva tions for seats and not for posts. In this connection we may refer to Section 32 of the same Act which uses the word posts. Posts are meant for the teachers, whereas seats are meant for the students. Hence, Section 39 has no relevance to this case but the relevant provision is Section 33 of the Act which states that the appropriate Government can fix the percentage of vacancies not less than three per cent for the persons with disabilities. In our opinion, unless the appropriate Govern ment fixes the percentage of vacancies by a notification the petitioner can not get any benefit of being a physically handicapped. The words appropriate Government has not defined to mean any establishment wholly or substantially financed by the Central Government. Aligarh Muslim University is wholly or substantially financed by the Central Government and hence the appropriate Government in relation to the Aligarh Muslim University will be the Central Government. In our opinion, therefore, the remedy of the petitioner is to approach the Central Government under Section 33 of the Act with the request to issue a notifica tion fixing the percentage of vacancies for such disabled persons. The petitioner may also request the appropriate Government under Section 32 to identify the posts which can be reserved for disabled per sons. If such request is made by the petitioner, the same shall be disposed of by the Central Government/appropriate authority as speedy as possible.
(3.) WITH these observations, this peti tion is finally disposed of. Petition disposed of. .;