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1 - 10 of 15 (0.22 seconds)Article 227 in Constitution of India [Constitution]
Article 14 in Constitution of India [Constitution]
Indra Sawhney Etc. Etc vs Union Of India And Others, Etc. Etc. on 16 November, 1992
In Indra
Sawhney (supra),the Supreme Court, drawing a distinction between
horizontal and vertical reservations, provided a comprehensive
exposition of the concept. It is clarified that horizontal reservations
intersect with vertical reservations, forming an interlocking framework.
Crucially, they do not affect the total percentage allocated to vertical
reservations. The relevant paragraph is produced hereinbelow:
University Of Cochin, Rep. By ... vs N.S. Kanjoonjamma & Ors.University Of ... on 20 March, 1997
(ii) The petitioners' contentions regarding the omission of details of
reservation cannot be sustained, and the entire recruitment process of
2015 cannot be vitiated on this basis alone, as the omission is
inconsequential. To buttress this argument, reliance was placed on the
Supreme Court's observations in University of Cochin v. N.S.
Kanjoonjamma & Ors2, where it was expressed that omission to
mention that it was a special recruitment for reserved posts in the
advertisement is inconsequential.
Anil Kumar Gupta, Etc vs State Of Uttar Pradesh And Ors on 28 July, 1995
10. The Supreme Court, in Anil Kumar Gupta v. State of Uttar Pradesh3
had provided a detailed procedure for the application of horizontal and
vertical reservations in recruitment processes as hereinunder:
Saurav Yadav vs The State Of Uttar Pradesh on 18 December, 2020
In the context of the application of both horizontal and vertical
reservation, the Supreme Court in Saurav Yadav v. State of Uttar
Pradesh4 clarified that a person belonging to an intersection of vertical-
horizontal reserved categories who secures sufficient merit to qualify
without relying on the vertical reservation would be considered as
qualifying in the general (open competition) category. Such a candidate
cannot be excluded from the horizontal quota in the general category, as
their merit qualifies them independently of the vertical reservation.
Rajesh Kumar Daria vs Rajasthan Public Service Commission & ... on 18 July, 2007
In the same vein, in Rajesh Kumar Daria v. Rajasthan Public Service
Commission5, the Supreme Court observed:
R. K. Sabharwal And Ors vs State Of Punjab And Ors on 10 February, 1995
reserved posts on their own merit, their number will not be
counted against the quota reserved for 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 that 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 Indra Sawhney [1992 Supp (3)
SCC 217 : 1992 SCC (L&S) Supp 1 : (1992) 22 ATC 385]
, R.K. Sabharwal v. State of Punjab [(1995) 2 SCC 745 :
Union Of India And Ors. Etc vs Virpal Singh Chauhan Etc on 10 October, 1995
1995 SCC (L&S) 548 : (1995) 29 ATC 481] , Union of
India v. Virpal Singh Chauhan [(1995) 6 SCC 684 : 1996
SCC (L&S) 1 : (1995) 31 ATC 813] and Ritesh R.
Sah v. 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 Caste 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."