Ms. Jyoti D/O Raj Vir Singh vs Govt. Of N.C.T. Of Delhi
which reads as under:-
19. HORIZONTALITY OF RESERVATION FOR PERSONS WITH DISABILITIES: Reservation for backward classes of citizens (SCs, STs and OBCs) is called vertical ... brief, provision 19 of the OM dated 29.12.2005 provides that reservation for backward classes of citizens (SCs, STs and OBCs) is called vertical reservation
creamy layer whose case is notified as a backward class becomes entitled for reservation under the OBC category and submission of the requisite certificate ... socially advanced persons/sections (Creamy Layer) from the purview of reservation for Other Backward Classes (OBCs)
The undersigned is directed to invite attention to this
petitioners it was held that whenever (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994 was amended by including any caste/classes ... certificate in order to demonstrate that they belong to backward classes and the reservation in that respect cannot be equated with acquiring the educational eligibility
State has to collect quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment in addition to compliance ... have to collect quantifiable data showing backwardness of the class and inadequacy of the representation of that class. Even if there are compelling reasons
State from making any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion ... authority thinks that for ensuring adequate representation of backward class of citizens in any service, class or category, it is necessary to provide for direct
existence for a much longer period, whereas reservations, for the Other Backward Classes have been introduced only after the framing of the Mandal Commission Report ... granting reservation to OBC category candidates, could possibly not have provided for similar treatment to the cases of Other Backward Classes. It is for this
segment of 22.5% reservation for OBCs and the second or balance segment of 4.5% reservation for socially and educationally backward class citizens belonging to minorities ... cannot unilaterally add to the list of backward classes nor can it cull out a more backward class from the list, without reference
State has to collect quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment in addition to compliance ... have to collect quantifiable data showing backwardness of the class and inadequacy of the representation of that class. Even if there are compelling reasons
been held that -
The percentage of reservation is the desired representation of the Backward Classes in the State services and is consistent with the demographic ... Therefore, the only way to assure equality of opportunity to the Backward Classes and the general category is to permit the roster to operate till