1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6378 OF 2009 Shri Digambar s/o Bhagwanrao Ghadge Patil,Age: 42 years, Occ: Social Work, R/o. Deodhanora, Tq. Kallam, District Osmanabad. .. Petitioner Versus 1. Union of India, Through Chief Secretary, New Delhi and others. .. Respondents ... Mr. B.V. Thombre, Advocate for petitioner. Mr. Alok Sharma, Standing Council for Union of India - respondent No.1. Mr. S.K. Tambe,A.G.P. for respondent Nos.2 to 4. Mr. S.T. Shelke, Advocate for respondent No.6. ... CORAM : A.M. KHANWILKAR & S.S. SHINDE, JJ. DATE : 2ND FEBRUARY, 2010 PER COURT : Heard Counsel for the petitioner. 2 2. The relief claimed in this petition, in our view, is wholly misconceived. In as much as, no mandamus can be issued by the Court directing either State Government or the Union Government to provide for reservation by nominating 1/12th representative of physically handicapped category in the legislative council or legislative assembly, as is prayed in this petition. The petitioner has placed reliance on Article 171(5) of the Constitution of India to justify the issuance of such mandamus. Article 171(5) of the Constitution of India reads thus : 171. Composition of the Legislative Councils. (5) The members to be nominated by the Governor under sub-clause (e) of clause (3) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, 3 namely:- Literature, science, art, co-operative, movement and social service. 3. By no stretch of imagination, the relief claimed in this petition for physically handicapped persons can be ascribed to Article 171(5) for, it is not possible to hold that all handicapped persons have special knowledge or practical experience in literature, science, art, co-operative and social service as such. Indeed, in a given case, person may possess qualification of special knowledge or practical experience and incidentally may also be physically handicapped. Nomination, in any case, has to be done by the Governor under Article 171(5) of the Constitution. Besides, in absence of any constitutional or statutory reservation provided for the nomination of physically handicapped persons in the 4 Legislative Council or Assembly, it is not possible to countenance the relief claimed in the present petition. This petition, as aforesaid, is misconceived and same is dismissed. ( S.S. SHINDE, J. ) ( A.M. KHANWILKAR, J.) sut/FEB10/wp6378.09