Disability reservation is horizontal and vacancy-based, computed on total vacancies, not limited by identified posts or the vertical quota ceiling.

Reservation for persons with disabilities under Section 33 is computed on total vacancies in the establishment, not confined to already identified posts, because post identification regulates appointment against the quota rather than the computation of the quota itself. The scheme is vacancy-based and the statutory text prevails over the heading "Reservation of Posts"; executive instructions inconsistent with that mandate cannot control the reservation regime. The 50% ceiling applicable to vertical reservations does not apply, because disability reservation operates as a horizontal reservation under Article 16(1) and is adjusted within the respective vertical categories without reducing SC, ST or OBC entitlement.

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Issues: (i) Whether reservation for persons with disabilities under Section 33 of the Act is to be computed on the basis of total vacancies in the cadre strength or only on identified posts; (ii) Whether the reservation scheme under the Act is vacancy-based or post-based; (iii) Whether the 50% ceiling applicable to vertical reservations applies to reservation for persons with disabilities.

Issue (i): Whether reservation for persons with disabilities under Section 33 of the Act is to be computed on the basis of total vacancies in the cadre strength or only on identified posts.

Analysis: Section 32 requires identification of posts for appointments of persons with disabilities, but that identification operates at the stage of filling the reserved vacancies and does not control the computation of reservation itself. Section 33, read as a whole, mandates that every appropriate Government shall appoint not less than 3% of vacancies for persons with disabilities, with one per cent each for the three specified disability categories in the identified posts for each disability. The proviso to Section 33 and the scheme reflected in Section 41 confirm that the legislative intent is to secure minimum representation through reservation computed on vacancies in the establishment, not to confine the quota to already identified posts alone.

Conclusion: The reservation under Section 33 is to be computed on total vacancies in the cadre strength and not restricted to identified posts; this issue is decided against the appellant.

Issue (ii): Whether the reservation scheme under the Act is vacancy-based or post-based.

Analysis: The Court held that the heading "Reservation of Posts" cannot override the clear text of Section 33. The statutory language imposes a duty to reserve a minimum percentage of vacancies, while identification of posts is relevant to the actual appointment against those vacancies. The earlier constitutional doctrine concerning cadre-strength and post-based reservation for vertical categories was found inapplicable because reservation for persons with disabilities is horizontal and operates differently. The Office Memorandum dated 29.12.2005 was inconsistent with this position to the extent it departed from the statutory mandate.

Conclusion: The scheme is vacancy-based and not post-based; this issue is decided against the appellant.

Issue (iii): Whether the 50% ceiling applicable to vertical reservations applies to reservation for persons with disabilities.

Analysis: Reservation for persons with disabilities was treated as horizontal reservation under Article 16(1) of the Constitution of India, cutting across vertical reservations under Article 16(4). The ceiling principle laid down for vertical reservations does not govern this scheme, because the disability quota does not reduce the percentage available to SC, ST and OBC categories and is adjusted within the respective vertical categories.

Conclusion: The 50% ceiling does not apply to reservation for persons with disabilities; this issue is decided against the appellant.

Final Conclusion: The statutory scheme for persons with disabilities was held to require uniform computation of 3% reservation on total vacancies in all establishments, with the impugned executive instructions modified to conform to that mandate and consequential directions issued for implementation.

Ratio Decidendi: Reservation for persons with disabilities under Section 33 of the Act is a horizontal, vacancy-based reservation to be computed on the total vacancies in an establishment, while identification of posts is relevant only for actual appointments and does not limit the computation of the quota.

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