S J RAJALAKSHMI Vs. SECRETARY MEDICAL EDUCATION BANGALORE

JUDGEMENT

(1.) IN this writ petition, petitioner is seeking a direction to the respondent to allot her MDS seat in Orthodontics at Government Dental college, Bangalore at Government fees structure of Rs. 20,000/- under the 'physically Handicapped' quota.

(2.) PETITIONER is a Graduate in Bachelor of Dental Surgery at Oxford dental College. She met with a tragic road accident and became a paraplegic with 75% physical disability with loss of control, both Motor and Sensory of the lower limbs and is certified as Physically disabled.

(3.) PETITIONER appeared for the Post Graduate Entrance Test ('p. G. E. T' for short) conducted by the Rajiv Gandhi University of Health Sciences on 1st February, 2009 claiming reservation for Physically Handicapped and also under 2a Category. As per Section 39 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short 'the Act 3% reservation for 'physically Handicapped' is provided. However, in the Seat Matrix issued by the State Government, only one (1)seat is reserved for 'physically Handicapped' candidate. Petitioner claims that reservation to Physically Handicapped ought to have been provided out of 523 seats. Petitioner contends that as per the Seat Matrix, 33% seats in the Private Non-minority Colleges and 20% of the seats in the private Minority Colleges were declared as Government Seats. However, no reservation has been provided for the 'physically Handicapped' category even in these seats also.