STATE OF RAJASTHAN Vs. VIJAY KUMAR AGRAWAL

JUDGEMENT

(1.) Dr. Vijay Kumar Agarwal, respondent No.1, (hereinafter referred to as the 'writ petitioner') filed a writ petition against the State of Rajasthan, University of Rajasthan and Convenor. Central PG Admission Board and Principal, SMS Medical College, Jaipur, contending therein that it was incumbent upon the respondents in the writ petition to reserve at least 3 per cent seats for physically handicapped persons but they were not doing so and therefore, by a writ of mandamus they be compelled to provide at least 3 per cent reservation to physically handicapped persons in pre-P.G. Entrance Examination for admission to M.D./M.S./Diploma Courses.

(2.) The contention of the writ petitioner was based on the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (in short "the Act"). Section 39 of the Act requires all Government educational institutions and other educational Institutions receiving aid from the Government to reserve not less than 3 per cent seats for persons with disabilities.

(3.) The respondents in the writ petition contended in reply to the writ petition that the Pre-P.G. Examination and the P.G. Courses in Medical Sciences were governed by Ordinance 278-E and 278-G of the University of Rajasthan and there was no reservation provided to disabled persons in those Ordinances. It was further contended that S.39 of the Act fell under the Chapter which related to employment and therefore, S.39 of the Act did not apply to admission in Post Graduate Courses. For the aforesaid reasons, it was contended that the State Government and the University of Rajasthan were not obliged to provide for reservation to disabled persons.