G.C.BHARUKA
HARSHA SHIVARAM – Appellant
Versus
NATIONAL LAW SCHOOL OF INDIA, BANGALORE – Respondent
( 1 ) THE respondent-University has been constituted under the Act called "national Law School of India University Act, 1986". The petitioner being desirous of being admitted to the fifth year LL. B Course run by the University had sat at the entrance test on 3-5-1998, but his ranking in the merit list being 499, he could not secure admission. Subsequently, he filed the present writ petition claiming that he is a disabled person with deficient eye sight and therefore he is entitled to a seat in that capacity in view of the provisions contained in Section 39 of the "persons with Disabilities (Equal Opportunities, Protection of Rights and Full participation) Act, 1995 ('the Act' for short ).
( 2 ) SECTION 39 of the Act reads as under:"39. All educational institutions to reserve seats for persons with disabilities. All Government educational institutions and other educational institutions receiving aid from the Government, shall reserve not less than three per cent seats for persons with disabilities".
( 3 ) IN the statement of objections filed on behalf of the University it has been categorically stated that it is a self-financing University and it does not receive a
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