Public Service ... vs Mamta Bisht And Ors on 3 June, 2010
14. The Hon'ble Supreme court has also referred to the above
decision in Public Service Commission, Uttaranchal vs. Mamta Bisht and
Others, (2010) 12 SCC 204. The Hon'ble Supreme Court has illustrated as to
how the horizontal reservation has to be worked. It is stated that horizontally
reserved category persons, if can be adjusted against non-reserved seat,
special reservations in favour of physically handicapped, women, etc, under
Article 16(1) or 15(3) are horizontal reservations. In case of vertical
reservation, reserved category candidates may compete for non-reserved
posts and if they are appointed to non-reserved posts on their own merit,
their number will not be counted against reserved quota. But the aforesaid
principle will not apply to horizontal (special) reservations.