In Brief
Ashok Kumar Giri sought reservation as a disabled person under the Disabilities Act, 1995. The High Court dismissed his claim, finding that the 3% reservation for disabled persons resulted in only 0.27 posts based on the vacancies notified. The Supreme Court held that reservation must be computed on cadre strength and vacancies filled onwards, not on notified vacancies when seeking the benefit. The Court set aside the High Court's judgment and remanded the matter for fresh consideration using the correct legal test established in Union of India v. National Federation of the Blind (2013) 10 SCC 772."
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