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 : 12607 of 2008 Between: G.Vamsi Krishna Rao Rep. by his father G.Sridhar Rao R/o.Gundaram village, Nizamabad Mandal, Nizamabad District. ..... PETITIONER AND 1 The Convenor/Dean, Rajiv Gandhi University of Knowledge Technologies, Saifabad, Hyderabad. 2 The District Education Officer, Nizamabad. 3 The Mandal Education Officer, Nizamabad. 4 The District Collector, Nizamabad. 5 The Principal, IIIT, Basar, Adilabad District. 6 The Principal Secretary, Government of Andhra Pradesh, Technical Education, Hyderabad. 7 The Revenue Divisional Officer, Office of the Revenue Division, Nizamabad. .....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 a writ, order or direction more in the nature of Mandamus directing the respondents to consider the claims of the petitioner, declaring that his son is entitled for admission to IIIT for the academic year 2008-09 based on the merit marks obtained in SSC and Orthopaedically handicapped quota for which the interview is scheduled to be held on 21.6.2008 at the Revenue Divisional Officer, Nizamabad, by holding the action of the respondents, in adopting grading on the curve system by ignoring the merit candidates and not making provision for physically handicapped persons, as illegal, arbitrary, in violation of article 14, 16, 21 of the Constitution of India and contrary to the Rule 3 of the A.P. Educational Institutions (Regulation of admission and prohibition of capitation fee) Act, 1983 and Section 2(t) read with Section 39 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 of the Central Act. Counsel for the Petitioner:MR.D.LINGA RAO Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 12607 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 couple 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. 12607 OF 2008 13th August, 2008.