3% reservation for disabled persons shall be based on total cadre strength: SC

A large Bench of the Supreme Court of India clarified that the three (3) percent reservation for disabled persons shall be based on the total cadre strength and not on the number of vacancies in the posts of the establishment.
The Court said “The minimum level of representation of persons with disabilities has been provided in this very first part [Section 33 Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995] and the second part deals with the distribution of this 3% among the three categories of disabilities. Further, in the last portion of the second part the words used are “in the identified posts for each disability” and not “of identified posts”. This can only mean that out of minimum 3% of vacancies of posts in the establishments 1% each has to be given to each of the 3 categories of disability viz., blind and low vision, hearing impaired and locomotor disabled or cerebral palsy separately……….”.

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