S. J. MUKHOPADHAYA, C. J.

1. THE writ petition was preferred by petitioner to set aside the decision of the 6th respondent refusing admission to the petitioner for the post-graduate medical course under the physically handicapped category. Further prayer was made to declare Rule 5.0 of the Rules and Regulations for Admissions in Post Graduate Degree and Diploma Medical Courses as ultravires the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as 'the Disabilities Act') for short) to the extent the same mandate that the upper limbs shall be normal and that the locomotory disability in the lower limbs must be between 50% to 70%. By a petition for amendment, the petitioner has also challenged the Notification dated 25.03.2009 introducing amendment in clause 9(1)(a) to the Postgraduate Medical Education Regulations, 2000.

2. THE petitioner was born on 02.12.1984, had a critical fall on 11.06.1985 and suffered a head injury; which was diagnosed as right sided hemiparesis at level C4-C5 of the vertebrae. The effect was muscular weakness of both the right upper limb and the right lower