visual problem. He has given that certificate as a open category student not seeking benefit of reservation under Section 39. In said certificate in form at "Annexure L" with said brochure, the medical practitioner has certified that Petitioner does not suffer from any major visual disability Therefore only he was permitted to take the competitive test. Hence, Petitioner fulfilled the requirements of format at "Annexure D" also. As per Section 72 of the 1995 Act, the other provisions or other legislation are not prejudiced by it. If visual impairment as such is not an inherent bar or absolute bar for any course or employment, the persons with such impairment must be treated as any normal citizen in the light of Article 14 of the Constitution of India. This obligation cast under Article 14 on the Respondents is not canceled by 1995 Act. If such a candidate is being denied equal treatment or normal treatment inspite of his merit, burden will be on the person denying such treatment to justify the deviation or exception by assigning valid reasons. When such authority denying the equal treatment falls under Article 12 of the Constitution, its action must be supported by a previous informed decision taken in the meeting i.e. proper resolution. When visual impairment suffered by the Petitioner is not sufficient to debar him for open seat, it can not be used to declare him not eligible for 3% reservation.
