The petitioner is President of Jharkhand Viklang Manch (JVM), which has organized various awareness programmes for differently-abled persons. The issue projected in the writ petition is, “whether reservation under Section 33 of the Disability Act, 1995 has to be implemented considering the total number of posts advertised only or the number of posts advertised viz-a-viz cadre strength ?”. The stand taken by the Government of Jharkhand in the counter-affidavit has prompted us to deal with the issue in detail.

2. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 is an outcome of the Disability Rights movement which gained momentum in the Beijing Meet of the Economic and Social Commission for Asian and Pacific Region held in December, 1992 where “The Asian and Pacific Decade of Disabled Persons 1993-2002” was launched. The Government of India, to discharge its obligation under “Proclamation on the full participation and equality of people with disabilities in the Asian and the Pacific region”, introduced a Bill on the subject in the Lok Sabha on 26.08.1995 which is the present 1995 Disabilities Act. The statement of object