Oral Order: (S.B. Mhase, J.)

1. Heard learned counsel for the parties.

2. Rule. Returnable forthwith with consent of parties.

3. The petitioner has approached to this Court under Article 226 of the Constitution of India challenging the reservation of a subject of Oral Pathology and Microbiology for physically handicapped candidates.

4. The petitioner is a graduate and he has obtained a degree in BDS. He desires to take an admission to Post Graduate Degree course, namely MDS. It is not disputed before this Court that he is a physically handicapped person and he is trying to seek an admission as handicapped person. As per the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation), Act 1995, there has to be reservation of 3% seats in favour of the physically handicapped category. So far as the reservation to be provided to the handicapped persons, the State is not disputing the percentage of seats to be provided for the post graduate admission, namely, 3% admissions are required to be reserved for the handicapped persons. It is also not disputed before this Court that one seat by way of 3% reservation in favour of the handicapped person