VIJAY K AGARWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner, Dr. Vijay Kumar Agarwal, has filed the present writ petition, to get the benefit of reservation in PG Medical Course, as envisaged under the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995 (Act No. 1 of 1996) (hereinafter referred as "the Act No. 1 of 1996"), with a further prayer to issue a writ of mandamus, mandating to the respondents, to provide him three per cent reservation in admission in PG Medical Course, on the basis of his result declared in Pre-PG Entrance Examination, 2000, under Ordinance 278-E of the Ordinances of the University of Rajasthan, framed under S. 30 of the University of Rajasthan Act, 1946.

(2.) The brief facts, which are relevant for decision of the present writ petition, are that the petitioner is an orthopedically handicapped person and had pursued MBBS Course from University of Rajasthan. At the time of admission to MBBS Course, he was admitted under the physically handicapped category, as there was reservation for physically handicapped persons, for pursuing MBBS Course. The petitioner passed his MBBS Examination, in the year 1998 and thereafter also, he completed his internship in January, 2000.

(3.) It is averred in paragraph-3 of the writ petition that the petitioner applied for Pre-PG Entrance Examination, 2000, for which, he has become eligible now as per Ordinances 278-E and 278-G of the University Ordinances, but at the time when his result was declared, there was no reservation provided for physically handicapped persons, for pursuing studies of PG Courses, under Ordinance 278-E of the University Ordinances.