J. Chelameswar, C.J.

1. Aggrieved by judgment dated 6th September, 2010 in W.P.(C) No.27020 of 2010, the unsuccessful petitioner therein preferred the present writ appeal.

2. The first respondent published a prospectus for admission to the professional degree courses in Nursing, Pharmacy and Para Medical streams for the academic year 2010. The prospectus, inter alia, contained a provision for reservation of three percent of the available seats in the State in favour of the candidates with disabilities. Sub-clause (i) of clause 5.3 of the prospectus stipulates as follows:

"5.3 Reservation for Persons with Disabilities (PD):

(i) Three percent of the seats available to the State for allotment from the state rank lists are reserved for candidates with disabilities for all courses in Government/Government Controlled Self Financing Colleges as stipulated in Section 39, Chapter VI of the Persons with Disabilities Act, 1955. As per Clause 2(t), Chapter I of the Act, 'Person with Disability' means a person suffering from not less than 40% of any disability as certified by a 'medical authority'. Generally, candidates who have a minimum of 40% disability alone will be eligible to apply for this quota. Candidates seeking admission, will have to satisfy the eligibility criteria prescribed by the concerned regulatory bodies for 'Persons with Disabilities'. "

3. It can be seen from the above extract that the stipulation in the prospectus is that only persons with more than 40% of disability in any category would be eligible to secure a seat under the abovementioned quota. It is further stipulated in the prospectus that 'persons with disabilities' carry the same meaning as is assigned to the said expression under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The said Act defines 'person with disability' under Section 2(t) as follows:

"2. Definitions.- In this Act, unless the context otherwise requires.- xxxxx xxxxx

(t) "person with disability" means a person suffering from not less than forty percent of any disability as certified by a medical authority;"

4. The expression 'disability' itself is defined under Section 2(i) as follows: "(i) "disability" means-

(i) blindness;

(ii) low vision;

(iii) leprosy-cured;

(iv) hearing impairment;

(v) locomotor disability;

(vi) mental retardation;

(vii) mental illness;"

5. The appellant applied in response to the above prospectus claiming the benefit of the abovementioned reservation. In support of her claim she produced a certificate dated 17.4.2002 (Ext.P1) issued by the T.D.Medical College Hospital, Alappuzha, Government of Kerala. It is stated in the writ petition in this regard as follows:

"The petitioner is a disabled person and she has lost her right thumb. The District Medical Board attached to T.D.Medical College, Alappuzha had examined and assessed her total degree of permanent disability as 45%. The district Medical Board, attached to T.D.Medical College consists of specialist doctors including Orthopedic Surgeon, Psychiatrist and ENT Surgeon. The District Medical Board was constituted by the Govt. as per G.O.(P) SWD No.13/2000 dated 19.6.2000. True photostat copy of the certificate of disability dated 17.4.02 issued by the Medical Board attached to T.D.Medical College, Alappuzha is produced herewith and marked as xt.P1."

Ext.P1 certifies the fact that the right thumb of the appellant is absent. It further certifies that the disability is 45%.

6. The appellant was provisionally admitted to the B.Sc. Optometry course. Thereafter the appellant was subjected to a further examination regarding the claim of disability by a State Level Committee constituted by the Government which assessed the disability of the appellant as 30% only. Consequent upon such an assessment, the appellant was informed by Ext.P7 communication dated 19.8.2010 of the 4th respondent that the allotment under Ext.P4 stood cancelled in the light of th