The main legal point established in the judgment is the discretionary nature of a writ of mandamus, the requirement of a legal right to enforce the performance of a duty, and the limits of judicial intervention in policy matters and executive functions.

S. Manikumar, J.

On 05.10.2018, there was no representation for the writ petitioner. Today, also there is no representation. Claiming himself to be a public interest litigant, petitioner seemed to have made a representation dated 22.06.2018 to the Secretary, Ministry of Human Resource Development, Government of India, New Delhi, to provide reservation to the children, born to differently abled.

2. Contending inter alia that representation remained unanswered, instant writ petition has been filed for a mandamus to provide reservation to the above said children, by considering the representation of the petitioner dated 22.06.2018.

3. On two occasions, the petitioner did not represent. Though, this Court could dismiss the writ petition for non prosecution, we deem it fit to dispose of the writ petition on merits.

4. Representation dated 22.06.2018, is reproduced.

"Respected Sir,

Sub: In the matter of admission - Kendriya Vidhyalaya

Schools - Reg.

I am L.K. Venkat, son of Lakshmanan, presently residing at No.F-47, Pushpa Nagar, Nungambakkam, Chennai - 600 034 submitting this representation to your goodself for consideration and implementation of the same at the earliest point of time. I am suffering from disability permanently since childhood. Inspite of disability, I have taken social cause in various forums for the upliftment of persons afflicted with partial/permanent disability and as well as for the cause of downtrodden community. In the past I have filed Public Interest Litigation before the Hon'ble High Court of Madras in the interest of those deprived community at large.

In the present issue I am concerned with the Kendriya Vidhyalaya Institution in the case of admission of students which follow certain norms that includes reservations for BC, SC and for physically disadvantageous group. Notwithstanding the above, these institutions further give concessions by way of admissions in respect of grand children of Member of Parliament, PSU Employees, KVS Employees, both for serving and retired people. Similarly in respect of couple having only one girl child, they are also given admission by way of preference in these institutions.

I with to bring it to your notice, that I appreciate those steps taken by these institutions for providing admission of the children falls under these categories. However, it is pertinent to state that in respect of children born to physically handicapped persons no such preference is given.

I further wish to state that it is very difficult for physically challenged persons to leads a normal life. The disability is not only related to physical condition alone but as well mental condition too.

That apart even after coming up in life it is impossible for them to get married and settle in life. They do not have any social security and family support and they are left in lurch to take care of themselves for the rest of their lives. Hardly only a fraction of physically challenged people are getting married and out of their wedlock they are blessed with children. Unfortunately under the present system of admissions, those children are not given any favourable treatment and this cause severe mental agony in the minds of their parents and to their children. Unlike normal parents these parents are unable to support their children like taking them to schools and even to give personal attention.

Hence these children don't have any other option but to take care of themselves even at the early stage of their lives. Unless until they are encouraged by given preference in the admission in the schools, many of those children will not have any stream with regard to education and more so welfare to these unfortunate children both to physically challenged parents.

It is the duty of the Government and this Ministry to take urgent steps to address this problem and see that no children born out to those physically challenged people are left out in the inclusive development of the society.

Hence in the above circumstances, I requ