(Writ petition filed under Art.226 of the constitution of India praying for the issue of a writ of mandamus, as stated therein.)

The writ petitioner, a minor and a minor and a physically handicapped, represented by his father has come before this court praying for the issue of a writ of mandamus directing the third respondent to implement 3% reservation for persons with disabilities as provided under the persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and allot MBBS seat to the Petitioner herein for the year 2002-2003.

2. All the respondents have entered appearance through the Special Government Pleader (Education). With the consent of counsel appearing on either side, the writ petition itself is taken up for final disposal.

3. The petitioner, a physically handicapped, who applied for the first year MBBS/BDS course selection was placed as No.5 in the list of candidates selected under the category of physically Handicapped Students, was asked to appear for counseling on 19.9.2002 for BDS Payment Seat. On verification, the petitioner came to know that he was not allotted MBBS Seat and if at all he may apply for BDS, but