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Supreme Court of India 2022-08-01 dismissed

AJAY KUMAR PANDEY & ORS vs STATE OF U.P. & ORS

Bench: 2 — Hemant Gupta, Vikram Nath

In Brief

The appellants, persons with locomotor disabilities, sought appointment as Safai-Karmis (sweepers) after the High Court struck down a 1999 Government Order that reserved different posts for different disability categories. The Supreme Court held that under the Persons with Disabilities Act, 1995, the State Government must identify specific posts suitable for each disability category (visual, hearing, and locomotor). The 3% reservation applies to an establishment overall, not uniformly across all posts. Since Safai-Karmis posts were identified only for hearing-impaired candidates, locomotor-disabled candidates could not claim appointment. The Court set aside the High Court's order, holding that judicial review cannot strike down post-identification decisions without demonstrating total arbitrariness or irrationality. Appeal dismissed.

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