The Act mandates minimum reservation for the disabled, allowing horizontal reservations; rules must specify seats for effective integration.

1. The petitioner is a person with disability and has filed this writ petition under Art.226 of the Constitution challenging the provisions of R.1.8 (4) and R.1.20(11) of the Madhya Pradesh Medical Dental Post Graduate Course Entrance Examination Rules, 2008 (for short 'the R.2008') made under S.10 of the Madhya Pradesh Chikitsa Shiksha Sanstha Niyantran Adhiniyam, 1973.

2. The facts relevant for disposal of the petition briefly are that the State Government made the Rules, 2008 for admissions to the Post Graduate Medical (M. D. and M. S.) course, Post Graduate Diploma and Dental (MDS) course in Medical and Dental Colleges in the State of Madhya Pradesh. R.1.8 of the Rules, 2008 provides for reservation and sub-rule (4) of R.1.8 provides that 3% seats are reserved for admission to Post Graduate courses for physically handicapped persons who are bona fide residents of Madhya Pradesh and belong to ST, SC, OBC and Unreserved categories and that such reservation will be horizontal. R.1.19 of the Rules, 2008 is titled as "Merit List" and sub-rule (1) of R.1.19 provides that the merit list will consist of the number of candidates equal to the number of seats available for allotment in State quota and separate merit list will be prepared for in - service and non service (open) candidates. R.1.20 of the Rules, 2008 provides for counselling and sub-rule (11) of R.1.20 provides for counselling for non - service candidates in the following sequence :
(A) ST Category
(B) SC Category
(C) OBC Category
(D) Unreserved Category
The petitioner appeared in the Pre P. G. examination as a physically handicapped candidate in non - service category (Open) and secured 124.25 marks out of 200 and was placed in the second position in merit list of non - service (open) category for physically handicapped candidates. The physically handicapped candidate who was placed in the first position in the merit list of non - service (open) category did not appear for counselling but the petitioner appeared for counselling, but she was not offered any degree seat but was offered a seat in Diploma in Ophthalmology and two seats in Diploma in E. N. T. and she was compelled to give her option in Diploma in Ophthalmology and she was allotted a seat accordingly.

3. The petitioner has filed this writ petition praying that R.1.8(4) of the Rules, 2008 in so far it provides that reservation for physically handicapped persons will be horizontal be declared ultra vires and R.1.20(11) of the Rules, 2008 which provides for sequence of counselling be declared illegal. The petitioner has also prayed that the tables annexed to the Rules, 2008 in so far as they do not earmark degree and diploma seats for Physically Handicapped candidates be declared ultra vires and that the respondents be directed to give admission to the petitioner in M. D. Course in Radiology, Pathology or Paediatrics.

4. Mr. Rajendra Shrivastava, learned counsel appearing for the petitioner, submitted that S.39 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, (for short 'the Act of 1995') provides that all Government educational institutions and other educational institutions receiving aid from the Government, shall reserve not less than three per cent seats for persons with disabilities. He submitted that reservation for physically handicapped persons therefore will have to be vertical and not horizontal and the provision in R. 1.8(4) of the Rules, 2008 that such reservation for physically handicapped persons will be horizontal is ultra vires. In support of his contention, he cited the dec