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Ashok Kumar Giri v. Govt. of India & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 4476 of 2016)Decided 27 Apr 2016
Civil Appeal No. 4476 of 2016
Justice F.M. Ibrahim Kalifulla · Justice S.A. Bobde

Background

This order sends the case back; it does not decide the dispute. The appellant claimed reservation as a person with a disability under the Persons with Disabilities Act, 1995. The Patna High Court denied it, holding that the 3% quota worked out to only 0.27 of a post on the notified vacancies and so could not be given.

Decision Breakdown

This is not a final decision on the dispute. On 27 April 2016 the Court applied its three-judge ruling in Union of India v. National Federation of the Blind and held that the 3% reservation must be computed on total cadre strength, not merely on the vacancies notified at a given time. It set aside the High Court's judgment and remitted the writ petition to the High Court to decide afresh. The parties were directed to furnish details of cadre strength and available vacancies so that the High Court could reach a definite conclusion on the appellant's entitlement.

Lesson Learnt

Disability reservation must be calculated against total cadre strength, not only currently notified vacancies. There is no final ruling yet on whether this appellant gets the benefit.

Official source (sci.gov.in)View Judgment (PDF)

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