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