- (1.) Leave granted.
(2.) Heard learned counsel for the appellant and Mr. N.K. Kaul, learned Additional Solicitor General of India for the respondents.
(3.) By the impugned order, the Division Bench of the High Court of Patna, while taking note of the fact, namely, the number of vacancies which were sought to be filled up at the instance of Respondent Nos.2 and 3, took the view that based on the vacancies notified when the 3% reservation provided for under the Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Protection) Act, 1995, since it worked out to 0.27 post there was no scope to reserve any post under the said category. With that view, the Division Bench declined to grant any relief to the appellant to claim reservation as a disabled person falling under the definition of the said Act. At the time, when this special leave petition was moved before us, taking note of the legal position, namely, 3% reservation for the disabled persons can only be at the first instance ascertained based on the cadre strength and not based on the vacancies, while issuing notice, we directed the parties to examine the said legal position. In fact, subsequently, Mr. Kaul, himself, when he appeared on 16.12.2015, came forward to examine the legal position in the light of Three-Judge Bench decision of this Court in Union of India and Another v. National Federation of the Blind and Others, 2013 10 SCC 772.;