Court should consider the legal position that 3% reservation for Disabled Persons must be computed based on cadre strength, not based on vacancies
Civil Appeal No. 4476 of 2016
Bench: Justice F.M.I. Kalifulla; Justice S. A. Bobde
Case Brief: In the present appeal, the order of the honourable High Court of Patna made by its Division Bench is under challenge. By such order the said High Court while considering the facts that the number of vacancies which were sought to be filled up at the instance of the Respondent no. 2 and Respondent no. 3 offered its view that the notified vacancies were showing that three per cents reservation were provided under the provisions of the Persons With Disabilities (Equal Opportunity Protection of Rights and Full Protection) Act, 1995, and as such percentage comes out as 0.27 post there was no scope for reserving any post under this category. As such the said bench of the High Court decided not to grant any relief to the appellant as to the claim of reservation under the category of disabled person. However, the present bench when initiated its proceedings in connection with this case, firstly directed parties to examine the legal position that 3 per cent reservation for the disabled persons can only at the first instance ascertained based on the cadre strength and not on the basis of vacancies. For well understanding the issue, the present bench decided to analyse the verdict of this Top court’s Three- Judge bench made in Union Of India and Another Vs. National Federation of the Blind and Others, (2013) 10 SCC 772. After so analysis, the bench here found that such three per cents of the reservation for these kind of people should be computed on the basis of total vacancies of the cadre and not on the basis of vacancies available in the identified post, i.e. at the time of notification calling for applications. Thus, the bench observed that it is imperative for the High court to examine the said position, as such after relying upon the various information in this connection from both the parties, the said Division bench would have appropriately come to the definite conclusion, as to whether or not the appellant will be entitled for any relief to be granted in the Writ petition. Hence, the present bench set aside the impugned order and judgement and also remitted the case back to the said bench for deciding the same afresh.
Read the Judgement: Ashok Kumar Giri Vs. Govt. Of India and Ors