The main legal point established is that Section 39 of the Persons with Disabilities Act, 1995 mandates reservation of not less than three per cent seats for persons with disabilities in all educational institutions, and any inconsistent ordinances are void.

R.R. Yadav, J.-The petitioner, Dr. Vijay Kumar Agarwal, has filed the present writ petition, to get the benefit of reservation in PG Medical Course, as envisaged under the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995 [Act No. 1 of 1996) (hereinafter referred as “the Act No. 1 of 1996”), with a further prayer to issue a writ of mandamus, mandating to the respondents, to provide him three per cent reservation in admission in PG Medical Course, on the basis of his result declared in Pre-PG Entrance Examination, 2000, under Ordinance 278-E of the Ordinances of the University of Rajasthan, framed under Section 30 of the University of Rajasthan Act 1946.

2. The brief facts, which are relevant for decision of the present writ petition, are that the petitioner is an orthopedically handicapped person and had pursued MDBS Course from University of Rajasthan. At the time of admission to MBBS Course, he was admitted under the physically handicapped category, as there was reservation for physically handicapped persons, for pursuing MBBS Course. The petitioner passed his MBBS Examination, in the year 1998 and thereafter also, he completed his internship in January, 2000.

3. It is averred in paragraph-3 of the writ petition that the petitioner applied for Pre-PG Entrance Examination, 2000, for which, he has become eligible now as per Ordinances 278-E and 278-G of the University Ordinance

but at the time when his result was declared, there was no reservation provided for physically handicapped persons, for pursuing studies of PG Courses, under Ordinance 278-E of the University Ordinances.

4. Itis pertinent to mention here that during the course of arguments, it is conceded by the learned counsel for the parties that now, Ordinances 278-E and 278-G are amended, providing three per cent reservation to physically handicapped persons, in PG Courses and in PG Diploma Courses, which is made enforceable with effect from 20-11-2000. The amdended Ordinances 278-E and 278-G which is made enforceable from 20-11-2000, is filed along with the reply filed by the University of Rajasthan and is marked Annexure-R/1.

5. After service of notice, the University of Rajasthan, has filed a detailed return, making averment that after receiving communication from the State Government, the University, without any delay, called a meeting of the Academic Council on 11-2-2000, and afterwards, a meeting of the Syndicate was also convened and it was resolved to recommend to accept the proposal of the State Government, for three per cent reservation under Ordinances 278-E and 278-G of the University Ordinances and the said ordinances were amended within the meaning of Section 30 of the University of Rajasthan Act, 1946. These amendments are prospective in nature and cannot be given retrospective effect by admitting the petitioner in PG Medical Course or PG Diploma Course of Academic Year 2000.

6. The respondents Nos. 1 and 3 have filed a joint return and it is averred, inter alia, that Chapter-V of Act No. 1 of 1996 relates to “Education”, whereas, Chapter-VI of the said Act relates to “employment”, which starts from Section 32 and ends with Section 41. Since Section 39 of the aforesaid Act falls under Chapter-VI, therefore, the petitioner is not entitled for admission in PG Medical Course as disabled student.

7. Heard the learned counsel for the parties,

8. It is admitted at the Bar that the petitioner falls within the definition of a “person with disability”, as defined under Act No. 1 of 1996, which is a beneficial piece of legislation and made enforceable with effect from 7-2-1996.

9. It is urged by the learned counsel for the petitioner, Shri Sanjeev Prakash Sharma, that an view of the mandatory provisions, envisaged under Section 39 of Act No. 1 of 1996, providing all educational institutions, to reserve not less than three per cent seats for persons with disabilities, the petitioner is entitled to be a