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july 2010

Supreme Court of India · 2010-07-07

Govt Of India Th:Secy & Anr vs Ravi Prakash Gupta & Anr

Citation / case number
AIR 2011 SC (SUPP) 449
Court
Supreme Court of India
Petitioner
Govt Of India Th:Secy & Anr
Respondent
Ravi Prakash Gupta & Anr
Author
Altamas Kabir
Bench
Cyriac Joseph, Altamas Kabir

Judgment text excerpt

The Supreme Court upheld the Delhi High Court's decision that the Government of India violated the provisions of Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 by not filling all available vacancies for visually handicapped candidates. The Court emphasized that the statutory mandate for reservation should have been applied from the date the Act came into force in 1996, leading to the conclusion that the Respondent No.1 was entitled to appointment given his merit and the number of vacancies. The Court dismissed the Special Leave Petition filed by the Government, affirming the lower court's ruling.

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