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1 - 9 of 9 (0.45 seconds)Article 227 in Constitution of India [Constitution]
Shri Ritesh R. Sah vs Dr. Y.L. Yamul & Ors on 15 February, 1996
7-8. The
second relates to the difference between the nature of vertical
reservation and horizontal reservation. Social reservations in favour
of SC, ST and OBC under Article 16(4) are vertical reservations .
Special reservations in favour of physically handicapped, women etc.,
under Articles 16(1) or 15(3) are horizontal reservations .
Where a vertical reservation is made in favour of a backward class
under Article 16(4), the candidates belonging to such backward class,
may compete for non-reserved posts and if they are appointed to the
non-reserved posts on their own merit, their numbers will not be
counted against the quota reserved for the respective backward class.
Therefore, if the number of SC candidates, who by their own merit,
get selected to open competition vacancies, equals or even exceeds
the percentage of posts reserved for SC candidates, it cannot be said
the reservation quota for Scs has been filled. The entire reservation
quota will be intact and available in addition to those selected
under Open competition category. [Vide Indira Sawhney (Supra), R.
K. Sabharwal vs. State of Punjab (1995 (2) SCC 745), Union of India
vs. Virpal Singh Chauvan (1995 (6) SCC 684 and Ritesh R. Sah vs. Dr.
Y. L. Yamul (1996 (3) SCC 253)]. But the aforesaid principle
applicable to vertical (social) reservations will not apply to
horizontal (special) reservations. Where a special reservation for
women is provided within the social reservation for Scheduled Castes,
the proper procedure is first to fill up the quota for scheduled
castes in order of merit and then find out the number of candidates
among them who belong to the special reservation group of Scheduled
Castes-Women . If the number of women in such list is equal to or
more than the number of special reservation quota, then there is no
need for further selection towards the special reservation quota.
Only if there is any shortfall, the requisite number of scheduled
caste women shall have to be taken by deleting the corresponding
number of candidates from the bottom of the list relating to
Scheduled Castes. To this extent, horizontal (special) reservation
differs from vertical (social) reservation. Thus women selected on
merit within the vertical reservation quota will be counted against
the horizontal reservation for women.
Union Of India & Anr vs K.G. Soni on 17 August, 2006
12. However,
the decision given by respondent No.1 is being administrative
decision, this Court cannot interfere with such decision as appellate
authority. The view taken by Apex Court in case of Union of India
and Anr. v. K.G.Soni, reported in (2006) 6 SCC 794 wherein it has
been observed in Para.13 and 14 as under :
R. K. Sabharwal And Ors vs State Of Punjab And Ors on 10 February, 1995
7-8. The
second relates to the difference between the nature of vertical
reservation and horizontal reservation. Social reservations in favour
of SC, ST and OBC under Article 16(4) are vertical reservations .
Special reservations in favour of physically handicapped, women etc.,
under Articles 16(1) or 15(3) are horizontal reservations .
Where a vertical reservation is made in favour of a backward class
under Article 16(4), the candidates belonging to such backward class,
may compete for non-reserved posts and if they are appointed to the
non-reserved posts on their own merit, their numbers will not be
counted against the quota reserved for the respective backward class.
Therefore, if the number of SC candidates, who by their own merit,
get selected to open competition vacancies, equals or even exceeds
the percentage of posts reserved for SC candidates, it cannot be said
the reservation quota for Scs has been filled. The entire reservation
quota will be intact and available in addition to those selected
under Open competition category. [Vide Indira Sawhney (Supra), R.
K. Sabharwal vs. State of Punjab (1995 (2) SCC 745), Union of India
vs. Virpal Singh Chauvan (1995 (6) SCC 684 and Ritesh R. Sah vs. Dr.
Y. L. Yamul (1996 (3) SCC 253)]. But the aforesaid principle
applicable to vertical (social) reservations will not apply to
horizontal (special) reservations. Where a special reservation for
women is provided within the social reservation for Scheduled Castes,
the proper procedure is first to fill up the quota for scheduled
castes in order of merit and then find out the number of candidates
among them who belong to the special reservation group of Scheduled
Castes-Women . If the number of women in such list is equal to or
more than the number of special reservation quota, then there is no
need for further selection towards the special reservation quota.
Only if there is any shortfall, the requisite number of scheduled
caste women shall have to be taken by deleting the corresponding
number of candidates from the bottom of the list relating to
Scheduled Castes. To this extent, horizontal (special) reservation
differs from vertical (social) reservation. Thus women selected on
merit within the vertical reservation quota will be counted against
the horizontal reservation for women.
Article 19 in Constitution of India [Constitution]
Article 21 in Constitution of India [Constitution]
Union Of India & Another vs G. Ganayutham on 27 August, 1997
In
Union of India and Anr. v. G. Ganayutham (1997 [7] SCC 463), this
Court summed up the position relating to proportionality in
paragraphs 31 and 32, which read as follows:
Union Of India And Ors. Etc vs Virpal Singh Chauhan Etc on 10 October, 1995
7-8. The
second relates to the difference between the nature of vertical
reservation and horizontal reservation. Social reservations in favour
of SC, ST and OBC under Article 16(4) are vertical reservations .
Special reservations in favour of physically handicapped, women etc.,
under Articles 16(1) or 15(3) are horizontal reservations .
Where a vertical reservation is made in favour of a backward class
under Article 16(4), the candidates belonging to such backward class,
may compete for non-reserved posts and if they are appointed to the
non-reserved posts on their own merit, their numbers will not be
counted against the quota reserved for the respective backward class.
Therefore, if the number of SC candidates, who by their own merit,
get selected to open competition vacancies, equals or even exceeds
the percentage of posts reserved for SC candidates, it cannot be said
the reservation quota for Scs has been filled. The entire reservation
quota will be intact and available in addition to those selected
under Open competition category. [Vide Indira Sawhney (Supra), R.
K. Sabharwal vs. State of Punjab (1995 (2) SCC 745), Union of India
vs. Virpal Singh Chauvan (1995 (6) SCC 684 and Ritesh R. Sah vs. Dr.
Y. L. Yamul (1996 (3) SCC 253)]. But the aforesaid principle
applicable to vertical (social) reservations will not apply to
horizontal (special) reservations. Where a special reservation for
women is provided within the social reservation for Scheduled Castes,
the proper procedure is first to fill up the quota for scheduled
castes in order of merit and then find out the number of candidates
among them who belong to the special reservation group of Scheduled
Castes-Women . If the number of women in such list is equal to or
more than the number of special reservation quota, then there is no
need for further selection towards the special reservation quota.
Only if there is any shortfall, the requisite number of scheduled
caste women shall have to be taken by deleting the corresponding
number of candidates from the bottom of the list relating to
Scheduled Castes. To this extent, horizontal (special) reservation
differs from vertical (social) reservation. Thus women selected on
merit within the vertical reservation quota will be counted against
the horizontal reservation for women.
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