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1 - 10 of 12 (0.33 seconds)Section 32 in The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995 [Entire Act]
Section 33 in The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995 [Entire Act]
Union Of India And Others vs National Confederation For ... on 12 September, 2014
The Apex Court after referring to its earlier
judgment, in Union of India and Others v. National
Confederation for Blind reported in [2010 (7) SCC 626] and
Popat Bahiru Govardhane v. Land Acquisition Officer
[2013 (10) SCC 772], where it was held that the percentage of
reservation for persons with disabilities has to be computed on
total number of vacancies in the cadre strength. In paragraph
10, it was held as follows:
Travancore-Cochin Hindu Religious Institutions Act, 1950
Section 32 in The Rights of Persons with Disabilities Act, 2016 [Entire Act]
Section 617 in The Companies Act, 1956 [Entire Act]
The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995
Popat Bahiru Govardhane Etc vs Spl.Land Acquisition Officer And Anr on 22 August, 2013
The Apex Court after referring to its earlier
judgment, in Union of India and Others v. National
Confederation for Blind reported in [2010 (7) SCC 626] and
Popat Bahiru Govardhane v. Land Acquisition Officer
[2013 (10) SCC 772], where it was held that the percentage of
reservation for persons with disabilities has to be computed on
total number of vacancies in the cadre strength. In paragraph
10, it was held as follows:
Rajeev Kumar Gupta & Ors vs Union Of India & Ors on 30 June, 2016
7. Therefore it is held that no distinction can be made
with respect to the posts to be filled by direct recruitment and
by promotion i.e., the percentage of reservation should be
reckoned on the total number of vacancies in the cadre
strength irrespective of the mode of appointment to the said
posts. Further the learned counsel relied on the judgment in
Rajeev Kumar Gupta v. Union of India 2016 (3) KLT 263
(SC), where the Apex Court was considering a case where
reservation was claimed for appointment to the posts, which
are classified into groups A to D in Prasar Bharati Corporation
of India. The issue raised therein was also regarding the filling
up of vacancies by promotion and contentions were raised that
the reservation is not applicable when the vacancies in the
quota for promotion are not filled up. After considering those
contentions, the Apex Court, in paragraph 24 held as follows: