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.