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9. The issues that arise for consideration are as to (i) the proper methodology for application of horizontal reservation and whether they are to be integrated with vertical reservations (ii) whether at all there can be a vertical (WP.Nos.13130 of 2010 and etc. batch dated 06.08.2010) [(2019) 12 SCC 613] [(2020) 2 SCC 173] [(2021) 4 SCC 542] [(2022) 4 SCC 1] [1986 (Supp) SCC 740] [WP(C)No.12263 of 2021 & CM Appl.No.38369 of 2021 dated 02.02.2022] https://www.mhc.tn.gov.in/judis & WMP.Nos.27702 and 27703 of 2023 reservation in respect of a single seat reserved horizontally and (iii) whether the rules have been changed at the last minute, that is to say, whether there has been a material change between Seat Matrix I dated 07.09.2023 and Seat Matrix II dated 14.09.2023.

21. I now advert to the cases cited in the context of the methodology to be followed in the integration of horizontal and vertical reservation. The cases cited at the Bar are discussed below:

22. In Anil Kumar Gupta (supra), the Supreme Court held thus:

18.Now, coming to the correctness of the procedure prescribed by the revised notification for filling up the seats, it was wrong to direct the fifteen per cent special reservation seats to be https://www.mhc.tn.gov.in/judis & WMP.Nos.27702 and 27703 of 2023 filled up first and then take up the OC (merit) quota (followed by filling of OBC, SC and ST quotas). The proper and correct course is to first fill up the OC quota (50%) on the basis of merit; then fill up each of the social reservation quotas, i.e., SC, ST and BC; the third step would be to find out how many candidates belonging to special reservations have been selected on the above basis. If the quota fixed for horizontal reservations is already satisfied - in case it is an overall horizontal reservation - no further question arises. But if it is not so satisfied, the requisite number of special reservation candidates shall have to be taken and adjusted/accommodated against their respective social reservation categories by deleting the corresponding number of candidates therefrom. (If, however, it is a case of compartmentalised horizontal reservation, then the process of verification and adjustment/accommodation as stated above should be applied separately to each of the vertical reservations. In such a case, the reservation of fifteen per cent in favour of special categories, overall, may be satisfied or may not be satisfied.) Because the revised notification provided for a different method of filling the seats, it has contributed partly to the unfortunate situation where the entire special reservation quota has been allocated and adjusted almost exclusively against the OC quota.

24. In Saurav Yadav (supra), the Supreme Court was considering the proper methodology to be applied in implementing horizontal reservations for women in the recruitment to the post of Constables in U.P. Police. The Court took note of the earlier judgements in Anil Kumar Gupta and Tamannaben Ashokbhai Desai (supra) and held as follows:

27. The High Courts of Rajasthan, Bombay, Uttarakhand, and Gujarat have adopted the same principle while dealing with horizontal reservation whereas the High Court of Allahabad and Madhya Pradesh have taken a contrary view. These two views, for facility, are referred to as the “first view” and the “second view” respectively. The second view that weighed with the High Courts of Allahabad and Madhya Pradesh is essentially based on the premise that after the first two steps as detailed in para 18 of the decision in Anil Kumar Gupta and Others and after vertical reservations are provided for, at the stage of accommodating candidates for effecting horizontal reservation, the candidates from reserved categories can be adjusted only against their own categories under the vertical reservation concerned and not against the “Open or General Category”.

https://www.mhc.tn.gov.in/judis & WMP.Nos.27702 and 27703 of 2023

25. In Anupal Singh (supra) the question that arouse related to filling in of unfilled vacancies of horizontal reservation by candidates holding vertical reservation. The relevant paragraph, being paragraph 62, is extracted below:

‘62.The contention of the private respondents is that as per the statutory requirement, the horizontal reserved vacancies were unfilled and those unfilled vacancies of horizontal category were filled by vertical reservation candidates/other category candidates, which is in violation of the statutory provisions vitiating the selection process. On behalf of the UP Public Service Commission, Mr. Shrish Kumar Misra, learned counsel has furnished the details as to the number of vacancies reserved for horizontal category and the number of candidates found suitable and placed in the respective categories. The said details are as under:-