ASHOK KUMAR GIRI vs GOVT. OF INDIA

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 calculated based on the cadre strength rather than the number of vacancies. The Court rejected the argument that reservation should only apply to vacancies filled after the identification of posts under Section 32, affirming that such a stance would undermine the legislative intent of the Act. The appeal was allowed, and the High Court's decision was set aside, ensuring the appellant's right to reservation was recognized.