1. ' NASIR ASLAM ZAHID, J.---The petitioner is a disabled person and he applied to the Karachi University for admission in Ist Year B.Sc. (Hons.) giving his first preference for Pharmacy. According to the petitioner, in all Educational Institutions including Universities 1% quota is to be reserved for disabled students as per the policy decision of the Government of Sindh Education Department and reliance has been placed on the letter, dated 1-8-1984 of the Government of Sindh, Education and Culture Department, addressed to the Vice Chancellors of the Universities and other Education Institutions in Sindh. The said letter dated 1-8-1984 is reproduced here:--- ' Subject: REQUEST TO PROVINCIAL DEPARTMENTS OF EDUCATION AND UNIVERSITIES FOR ADMISSION TO SUITABLE QUALIFIED DISABLED PERSONS.
2. ' I am' directed to state that during the last meeting of the National Council for the Rehabilitation of the Disabled Persons (CRDP) held on 21-1-1984, it was decided inter alia that competent and qualified disabled students should be given admission in School, Colleges, Universities and Professional Institutions like Engineering, Medical and Commerce. In an earlier meeting held on 4- 12-1982 a decision was taken to make provision for the reservation of one per cent.seat in Educational Institutions for disabled students.
3. ' In view of the above you are requested to kindly make provision and prescribe procedure of admission of the disabled students in the prospectus of the Schools/Colleges/Professional Institutions/ Universities. Kindly arrange to send a compliance report to this Department."
4. ' Pursuant to the aforesaid policy decision, the Universities and other Educational Institutions were required to make provision and prescribe the procedure of admission of the disabled students in their respective prospectus and compliance report was required to be sent to the Education Department. It appears that no follow-up actions have been taken by the Universities and Educational Institutions to make the provision and prescribe the procedure in their prospectuses.
5. Mr. Azhar Ali Siddiqui, learned counsel for the Karachi University, states that this is so in so far as Karachi University is concerned but during the current year 23 disabled students have been admitted in Karachi University. On query by the Court, Mr. Azhar Ali Siddiqui, informs that no disabled student has been admitted in Pharmacy for which no reason has been assigned.
6. However, it was informed that the petitioner has been allowed admission in Physiology in First Year B.Sc. (Hons.).
7. ' When this matter was taken up earlier we had asked Mr. Azhar Ali Siddiqui as to how many seats were available in Pharmacy in B.Sc. (Hons.) First Year in Karachi University for the current year and he informed that this figure exceeds 200 but, as observed no disabled student was admitted in Pharmacy. As the petitioner had given his first preference for Pharmacy and if one per cent quota was applied, at least two seats should have been made available for disabled students, one of which could have gone to the petitioner. In the circumstances, we asked Mr. Azhar Ali Siddiqui to contact the concerned Authorities in the Karachi University to ascertain whether the petitioner can be admitted as a disabled student in First Year B.Sc. (Hons) Pharmacy. The matter was kept aside.
8. It has again been taken up after 11 a.m. and Mr. Azhar Ali Siddiqui, informs that the competent authority has agreed that the petitioner will be admitted to First Year B.Sc. (Hons.) Pharmacy for the current Session 1990-91 of Karachi University and for that the petitioner may make an application for transfer of his subject from Physiology to Pharmacy which will be granted and such application can be handed over to Mr. Azhar Ali Siddiqui on which requisite orders as aforesaid will be passed within two weeks from today.
9. ' Mr. Raja M. Aslam Kiyani, learned counsel for the petitioner is satisfied with the statement/undertaking given by Mr. Azhar Ali Siddiqui on behalf of the Karachi University. The petitioner may make the required application and hand over the same to Mr. Azhar Ali Siddiqui as early as possible so that necessary orders for change of his subject from Physiology to Pharmacy can be passed bay the Karachi University.
10. ' Constitutional Petition No,102 of 1992 stands disposed of in terms of the statement made by Mr. Azhar Ali Siddiqui on the instructions of Karachi University. There will be no order as to costs.