ANANT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition the petitioner has raised an issue of far reaching importance relating to implementation of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Act 1/96) (hereinafter called "the Disability Act") in the matter of admission in educational institutions in the State of Bihar. In particular, he seeks direction for his admission in the B.A. (Hons) Part I course in 2000 -2003 session in Patna College, Patna in the disabled category.

(2.) THE case of the petitioner is that he is a disabled person having more than 60 per cent disability as certified by the Medical Board, Vocational Rehabilitation Centre for handicapped, an authority of the Government of India, Ministry of Labour. He has also good academic record having passed the Matriculation examination with 74 per cent marks and the Intermediate examination with 68.3 per cent marks. He applied for admission in B.A. (Hons) Part I course in Patna College pursuant to advertisement issued by the College on 14.9.2000. On account of the strike which continued for a long period the list of selected candidates was notified only on 12:12.2000. The name of the petitioner was not there. He made enquiry from the College authorities and came to learn that list of disabled can - didates would be notified separately later as Medical Board was to be constituted to ascertain the disability and the process was on. Subsequently on 10.1.2001 a notice was published on the notice board of the College asking the disabled candidates to appear before the Chief Medical Officer, Patna University ait the Central Dispensary of the University for their physical examination. The petitioner along with other candidates appeared and was found to be physically handicapped. Thereafter on 18.1.2001 list of disabled candidates was notified. The list mentioned the names of only two candidates. Meanwhile the petitioner had served legal notice on the Principal, Patna College, with a copy to the Vice - Chancellor, Patna University, giving reference inter alia to the provisions of Section 39 of the Disabilities Act and the obligation of the University/College to admit adequate number of disabled candidates in the disabled category under the Act. It was pointed out that total number of seats in B.A. (Hons) Part I course in the college being 400, in terms of the provisions of the Act, at least 12 seats were required to be reserved for the disabled candidates. However despite pointing out the provisions of the Disabilities Act and the obligation of the authorities to follow them, only two disabled candidates were notified for admission on 18.1.2001. On 5.2.2001 the petitioner 's lawyer received reply from the Principal of the College stating that till date the College had not received any communication from the University regarding reserving 3 per cent seats for the disabled candidates in admission in different courses. The Principal however stated in his letter that position of the petitioner in the merit list in the disabled category was eighth. According to the petitioner, since at least 12 seats were/are required to be reserved for the disabled candidates, there being no dispute about his disability within the meaning of the Disabilities Act, he is entitled to direction upon the concerned authorities to admit him against one of the 12 seats in the college/course.

(3.) THE State of Bihar has also filed counter affidavit sworn by the Joint Secretary, Higher Education Department, stating that by Resolution No. 251 dated 18.10.2000 the State Government has already decided to provide reservation upto 3 percent in appointment to government service. So far as admission is concerned Section 61 of the Bihar State Universities Act, 1976 and the corresponding Section 58 of the Patna University Act, 1976 contain provisions for reservation for candidates of Scheduled Castes to the extent of 14 per cent, Scheduled Tribes to the extent of 10 per cent, Extremely Backward class to the extent of 14 per cent, Backward Class to the extent of 10 per cent and Women of Backward Class to the extent of 2 per cent i.e. 50 per cent in all. However the government has already initiated steps to provide reservation to the disabled/handicapped candidates in admission on the same line as in the mat - ter of appointment under Resolution No. 251 dated 8.10.2000 (supra) but this requires amendment in the relevant sections of the University Acts for which some formalities have to be observed which is likely to take about four months time. It is thus submitted that the grievance of the petitioner is likely to be redressed shortly. It has further been stated in the State 's counter affidavit that the reservation for disabled/handicapped candidates will be within the quota already provided to the particular category i.e. scheduled castes, scheduled tribes etc. categories and they will be allowed the benefit of reservation within the quota meant for the particular category to which they belong, as provided in Section 61/58 of the State Universities Act/Patna University Act.