detail reasoning given in Pradeep
Jain as to why residence-based reservation in PG Medical courses
is violative of Article 14 of the Constitution ... para 40)
“40. … The class which enjoys reservation must
be educationally handicapped. The reservation
must be geared to getting over the handicap.
The rationale
reservation and this may include a reservation for SC/ST on
one hand and for OBC on the other. The Reservation to physically
handicapped candidate ... reservation in favour of Scheduled Castes, Scheduled
Tribes and Other Backward Classes is vertical reservation, whereas
reservation in favour of physically handicapped is horizontal
reservation
Handicapped persons. Out of 13 posts, Recruiting
Authority could fill up only 9 posts for physically handicapped
persons and remaining 4 posts of Physically Handicapped ... post of Assistant Teacher-Kannada,
under GM category, claiming reservation under Physically
Handicapped quota. It was the contention of the learned
counsel for the respondent
under vertical reservation of Scheduled Castes and 14 posts under Horizontal Reservation out of which, 2 posts were reserved for Physically Handicapped candidates suffering from ... appointed against a vacancy which stood covered under Horizontal Reservation for Physically Handicapped was absolutely misplaced. Learned counsel for the appellant has stated that even
India, which provides for mode of implementation of OBC and
Physically Handicapped reservation in 50% All India Quota NEET (PG)
Seats. According to the said
respondents to prepare a fresh selection list by providing proper
reservation for handicapped persons and to consider his
candidature for appointment to the post ... submitted a representation to the respondent,
highlighting the improper implementation of reservation for
handicapped candidates, but to no avail. Hence the instant
petition
indicate anything with regard to claiming the benefit of
handicapped reservation, yet the selection of the private
respondent was made on the ground of handicapped ... respondent had not filled up the form claiming reservation under
the handicapped category initially. However, time was extended
for raising objections in filling
category. SC category is a vertical reservation
and PH(LD) is a horizontal reservation cutting across the
vertical reservation as held in the case ... vertical reservation and horizontal
reservation. Vertical reservation is caste based, i.e., SC,
ST, OBC and General. Horizontal reservation cuts across
the vertical reservation
raised the issue relating to non-inclusion of
provision for reservation for physically handicapped employees
in the LDCE Examination notification dated 19.04.2018. In this
regard ... Therefore, the claim of the applicant
that there should be reservation for physically handicapped
employees in the LDCE-2018 for recruitment
illegal 100% reservation
and assert that the selection was made strictly on merit within
the horizontal reservation for visually handicapped candidates,
and placement ... object of horizontal reservation meant for
persons with disabilities.
10. The following issues arise for consideration:
Whether horizontal reservation for visually handicapped
candidates has been
