IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 13277 of 2008 Between: K.R.Lokesh S/o.K.Ramesh Naidu K.Ramesh Naidu S/o.K Lokanadha Naidu(42) Agriculture R/o.P.Kattakrindapalli Irala(M) Chittoor District ..... PETITIONER AND 1 State of A.P Rep.by its Secretary Department of Higher Education A.P Secretariat Saifabad Hyderabad 2 Rajeev Gandhi University Of Knoweldge Technoligies IIIT Campus Gathibowli Near Hitech City Hyderabad Rep.by its Vice Chancellor 3 The District Collector Chittoor District 4 The District Education Officer Goverment of A.P Chittoor District Chittoor .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ or order direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents No.1to 4 in not implementing sec 39 of the act ie The persons with Disabilities (Equal Opportunities) protection of Rights and Full Participation) act 1995 for admission into IIIT Course for the year 2008-09 and not giving admission to the petitioner in IIIT course under Physically Handicapped Quota as illegal arbitrary and violative of articles 14 of the constitution of India and contrary to Sec 39 of act ie the persons with Disabilities(Equal Opportunities Protection of Rights and Full Participation) act 1995 and consequently direct the respondents 1to 4 to allot a seat to the petitioner for admission into IIIT course for the year 2008-09 under Physically Handicapped Quota as per Sec 39 of the persons with Disabilities(Equal Opportunities protection of Rights and full Participation) act 1995 and pass Counsel for the Petitioner:MR.R.CHANDRA REDDY Counsel for the Respondent No.: GP FOR SCHOOL EDUCATION The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 13277 OF 2008 ORDER: 1. This writ petition has been filed assailing the action of the respondents in not reserving the seats for physically handicapped persons for admission into IIIT course for the year 2008-09. 2. Respondent NO.4 filed counter affidavit. It is stated in para 18 of the counter affidavit that the Governing Council of the university is committed to consider this grievance, keeping in view the Act and necessary further action in this regard would be taken to meet the demands of physically challenged persons subject to the requirements of law coupled with the requirements of the course. Para 18 of the counter affidavit reads as hereunder. “18. One of the contentions raised in certain writ petitions is that reservations for physically challenged persons have not been provided by the university in the matter of admissions in to the above referred course. It is true that the university has not followed/provided specific reservations for physically handicapped as required under Act 1 of 1996. However, there are 20 physically handicapped students who have been selected as they come within the parameters prescribed under admission procedure. At any rate it is necessary to mention here the course adopted by the university is such that it requires the apt visual and hearing requirements and the persons with such disabilities would not be in a position to cope up with the rigors of the course. At any rate the governing council of the university is committed to consider this grievance, keeping in view the above referred act and necessary further action in this regard would be taken to meet the demands of physically challenged persons subject to the requirements of law coupled with the requirements of the course.”. 3. In view of the counter affidavit, the writ petition is disposed of directing the respondents to take necessary steps for providing reservation to the physically handicapped persons as required under the persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 subject to the required law coupled with the requirement of the course. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 13th August, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 13277 OF 2008 13th August, 2008.