STATE OF KERALA Vs. MARY JOSEPH

JUDGEMENT

(1.) In these appeals we are called upon to decide the question whether S.39 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Act 1 of 1996) (in short 'the Act') obliges all Government and aided educational institutions to reserve not less than three per cent seats in professional degree courses in Engineering, Medical and Agricultural courses for persons with disabilities.

(2.) Writ Appeal No. 3417 of 2000 is filed by State of Kerala, Commissioner for Entrance Examinations and the Director of Technical Education against the judgment in O. P. No. 16030 of 2000. Writ Petition was preferred by the respondent herein for a declaration that persons with disabilities as defined in the Act are entitled to not less than 3% of the total available seats in the Government Colleges for the year 2000-2001. Respondent also sought writ of certiorari to quash various provisions of the prospectus since it does not provide reservation of seats for persons with disabilities as per S.39 of the Act. State took up the stand that as per prospectus three seats are reserved for physically and orthopaedically handicapped persons in the Medical and allied courses and three seats for Engineering branch. It was pointed out that if S.39 is applied as contended by the petitioners 134 seats would have to be ear marked for persons with disabilities as defined in the Act which would unsettle the entire selection process as well as the mandatory reservation to other categories. Learned Single Judge however disposed of the Writ Petition as per judgment dated 3.10.2000 stating as follows:

(3.) W. A. No. 1584 of 2001 is filed against the interim order passed by the learned Single Judge in C. M. P. No. 21334 of 2001 in O. P. No. 13434 of 2001. Writ Petition was filed by All Kerala Parents' Association of Hearing Impaired (AKPAHI in short) and Kerala Samsthana Vikalanga Sangatana Ekopana Samithy for a declaration that persons with disabilities as defined in the Act are entitled to not less than 3% of the total available seats for admission to professional degree courses in the various Institutions in the State and it should be provided in the prospectus. They also sought a writ of certiorari to quash Ext. P6 prospectus in so far as it does not provide reservation for the physically disabled as mandated by S.39 of the Act. Learned Single Judge took the view that in spite of the judgment of this court in O. P. No. 16030 of 2000, the same has not been complied with. The learned Judge passed the following order: