Court Orders

Allahabad: The reservation calculation dilemma solved

It is probably the longest wait a candidate ever had for a job after appearing for the written test 15 years ago.

A blind man, Bhudev Sharma, applied for a Class–III job in Uttar Pradesh lower judiciary under 2% quota for handicapped against an advertised 30 vacancies. He was the only candidate under the handicapped category.

He appeared for the test held in 1992 in Bulandshahr. As 2% of 30 posts came to 0.6 and did not quantify as one post, authorities rejected his candidature.

Sharma moved the Allahabad High Court and a single judge bench allowed his petition on September 25, 1997, directing the authorities to give him the job. However, a High Court division bench overruled verdict allowing an appeal of the state government.

Before the Supreme Court, Sharma relied on a government order of August 26, 1993, which stated that 2% of all government services were reserved for physically handicapped persons eligible for direct recruitment.

Solving the mathematical dilemma for the government, a Bench comprising Justices A K Mathur and Markandey Katju said 2% of 30 posts is 0.6, which being more than 0.5 should have been rounded off to 1.

“Since there was no other physically handicapped persons who applied, Sharma was entitled to the reserved post,” said Justice Katju. Allowing Sharma's appeal, the Bench set aside the judgment of the High Court division Bench and directed the government to appoint him.

Source: Blind man gets job 15 yrs after taking test, The Times of India. Ahmedabad, 8 November 2007.