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april 2016

Supreme Court of India · 2016-04-27

Ashok Kumar Giri vs Govt. Of India And Ors

Citation / case number
AIR 2016 SUPREME COURT 2070
Court
Supreme Court of India
Petitioner
Ashok Kumar Giri
Respondent
Govt. Of India And Ors
Bench
S.A. Bobde, Fakkir Mohamed Ibrahim Kalifulla

Judgment text excerpt

The Supreme Court held that the 3% reservation for disabled persons under Section 33 of the Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act, 1995, is to be determined based on the cadre strength rather than the number of vacancies. The Court rejected the argument that reservation should only apply to vacancies filled post-2005, affirming that the legislative intent was to ensure immediate implementation of reservations without bureaucratic delays. The appeal was allowed, and the High Court's decision was set aside.

Ashok Kumar Giri vs Govt. Of India And Ors · Niyam