ASWATHY Vs. STATE OF KERALA

JUDGEMENT

(1.) Aggrieved by judgment dated 6th September, 2010 in W.P.(C) No. 27020 of 2010, the unsuccessful petitioner therein preferred the present writ appeal.

(2.) The first respondent published a prospectus for admission to the professional degree courses in Nursing, Pharmacy and Para Medical streams for the academic year 2010. The prospectus, inter alia, contained a provision for reservation of three percent of the available seats in the State in favour of the candidates with disabilities. Sub-clause (i) of clause 5.3 of the prospectus stipulates as follows :

(3.) It can be seen from the above extract that the stipulation in the prospectus is that only persons with more than 40% of disability in any category would be eligible to secure a seat under the above-mentioned quota. It is further stipulated in the prospectus that 'persons with disabilities' carry the same meaning as is assigned to the said expression under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The said Act defines 'person with disability' under Section 2(t) as follows :