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He has further submitted that Rule 5 (ka) of the Panchayat Raj Service Rules 2006 itself provides that the appointment has to be made as per the roster clearance and as per the guidelines, roster point 7101 is fixed for female handicapped is not completely de horse to the reservation policy and Bihar Panchayat Teachers (Employment and Condition of Service) Rules 2006, relied on (2013)10 SCC 772: 2013(4) PLJR 427 (SC) (Union of India v. National Federation of the Blind) Counsel for the respondent has submitted that there cannot be any sub-class in class of reservation of handicapped as the handicapped itself is a class person to be appointed whosoever has better marks in the handicapped class irrespective of caste, creed, religion and sex. Candidates will be appointed not on the basis of roster point for female as it cannot be sub-categorized in that manner. The reservation of handicapped is horizontal whereas reservation on caste is vertical reservation. Horizontal reservation is based on the principle of class whereas vertical reservation is Patna High Court CWJC No.7777 of 2012 based on caste reservation. He has further submitted that it should be interpreted in the manner for example if four persons of handicapped have applied for one post then the panel for the handicapped candidate would be prepared without examining the caste, religion and sex, whosoever male or female has better marks would be appointed and he would be adjusted in their respective category which will satisfy the claim of reservation for handicapped as contained in Annexure-R/1 and R/2 where reservation for the handicapped has been explained eloquently by the State Government. He has further submitted that the Tribunal has not done any wrong and only held that the roster point fixed by the State Government is not in consonance on the principle of horizontal reservation which is apparent from Annexure-R/1 and R/2 as well as against the supreme Court judgment in the case of Mahesh Gupta (supra).

Counsel for the State has argued in support of petitioner stating that the Panchayat Selection Committee has rightly applied the roster point and the appointment of the petitioner by the Panchayat Selection Committee was legal and the Tribunal has wrongly interfered with it.

In the present case, how the reservation for women as well as handicapped will operate, while selecting the persons for Panchayat Teachers is concerned. It is the duty of court to apply the principle of reconciliation and equilibrium in the matter of granting reservation in employment for the handicapped as class in general and position of women handicapped in that class. Rule 5 of the Bihar Panchayat Elementary Teachers (Employment and Condition of Service) Rules 2006 provides 50 per cent reservation for the female candidates which is apparent from Rule-5 of the Rules and at the same time it also provides reservation for physically handicapped person in the ratio of 1 per cent for visual handicapped, 1 per cent for audio and 1 per cent for loco-motor. It will be appropriate to quote Rule 5 of the aforesaid Rules:

There are two types of reservation, one is vertical reservation and another is horizontal reservation. The reservation in favour of SC, ST and other backward classes (under Article 16(4) of the Constitution may be called the vertical reservation, whereas reservation in favour of physically handicapped persons under clause(1) of Article 16 of the Constitution can be referred to as the horizontal reservation. Horizontal reservation cuts across vertical reservation is called interlocking reservation. To be more precise, 3 per cent reservation of the vacancy are reserved for physically handicapped persons, this would be reservation relating to clause(1) of Article 16 of the Constitution. The person selected in this quota will be placed in the appropriate category, if he belongs to SC category, he will be placed from that quota by making necessary adjustment. Similarly if he belongs to open competition, he will be placed in that category by necessary adjustment. Even after providing for those horizontal reservation, the percentage of reservation in favour of backward class of citizen remains the same. This is how this reservation will work for the benefit of physically challenged person. Similarly when the reservation for woman would come, it will also be a horizontal reservation. Here while considering the reservation for the women, the same principle will apply as the reservation for the caste will Patna High Court CWJC No.7777 of 2012 be vertical reservation but the reservation for women is a class reservation and the principle of horizontal reservation will be applicable.

In AIR 2007 SC 3136 (Mahesh Gupta v. Yashwant Kumar Ahirwar ) this issue was raised whether there can be further reservation of physically handicapped on the basis of caste, the Court has given answer that persons suffering from physical disability constitute one class and there cannot be sub-class in the class itself. Para-12 of the judgment is relevant which is quoted below:

"Para-12: Disability has drawn the attention of the worldwide community. India is a signatory to various International Treaties and policy decision to have horizontal reservation with a view to fulfill its constitutional object as also its commitment to the international community. A disabled is a disabled. The question of making any further reservation on the Patna High Court CWJC No.7777 of 2012 basis of caste, creed or religion ordinarily may not arise. They constitute a special class. The advertisement, however, failed to mention in regard to the reservation for handicapped persons at the outset, but, as noticed hereinabove, the vacant posts were required to be filled up for two categories of candidates; one for scheduled castes and scheduled Tribe candidates and other for handicapped candidates. Handicapped candidates having not been further classified as belonging to Scheduled castes, Scheduled Tribes and general category candidates. .."