Case Note & Summary
The appeal arose from a challenge to a High Court order that struck down a Government Order (G.O.) dated 07.05.1999 regarding the reservation of posts for disabled candidates while not interfering with the selection process for Safai-Karmis. The appellants, who had locomotor disabilities, applied for 1651 posts of Safai-Karmis advertised on 16.6.2008, with specific reservations for various categories including disabled candidates. The G.O. identified certain posts suitable for disabled candidates under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The High Court found the G.O. ultra-vires to the Constitution and the relevant Acts, asserting that all categories of disabled persons should be entitled to reservation. The appellants contended that with the G.O. struck down, they were entitled to appointment. The State argued that the G.O. was misread and that the High Court's decision was incorrect. The Supreme Court analyzed the provisions of the Disabilities Act and the U.P. Reservation Act, emphasizing that the identification of posts for reservation is the prerogative of the State Government. The Court concluded that the High Court misinterpreted the law and that the G.O. was valid, thus dismissing the appeal and upholding the selection process for Safai-Karmis.
Headnote
A) Administrative Law - Judicial Review - Striking Down of Government Order - Government Order No. 4161/63-1-99-18(24)/97 dated 07.05.1999 - High Court's decision to strike down the G.O. was based on misinterpretation of the law and facts, leading to an erroneous conclusion regarding reservation for disabled candidates. The Supreme Court held that the identification of posts for reservation is the responsibility of the appropriate Government and cannot be interfered with without valid grounds (Paras 17-18).
Issue of Consideration
Whether the High Court erred in striking down the Government Order regarding reservation for disabled candidates and whether the appellants were entitled to appointment as Safai-Karmis.
Final Decision
The Supreme Court dismissed the appeal, upholding the validity of the G.O. dated 07.05.1999 and the selection process for Safai-Karmis, stating that the identification of posts for reservation is the prerogative of the appropriate Government.
Law Points
- Reservation for disabled candidates
- identification of posts
- judicial review
- ultra-vires government orders
- interpretation of statutory provisions
