favour of special categories
(special reservation) is an overall reservation and not a
compartmentalised reservation. They submit that these
special reservations are not divided proportionately ... while allocating the special reservation
students to their respective social reservation category,
the over-all reservation in favour of special reservation
categories
tantamount to
vertical reservation which is impermissible and alien to the
concept of horizontal reservation. Horizontal reservation
cut across vertical reservation, therefore, there ... that while allocating the special reservation
students to their respective social reservation category, the
overall reservation in favour of special reservation
categories
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 ... 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
Prospectus provides that the vacant seats in the
‘special reservation’ category, including the quota for persons with
disabilities will be transferred to the ‘mandatory reservation ... reservations. Clauses 4.1.4 and
4.1.5 define ‘Special reservation’ and ‘mandatory reservation’ respectively:
“[…]
4.1.1 (ii) Reservation for All India Quota for
MBBS/BAMS/BSMS/BUMS Courses
that while allocating the special
reservation students to their respective social
reservation category, the overall reservation in favour of
special reservation categories ... endowed with the character of the same
special (horizontal) categorisation. Thus, a post
earmarked for special (horizontal) reservation under the
Unreserved category will be open
vertical reservation and horizontal
reservation. Social reservations in favour of SC, ST
and OBC under Article 16(4) are "vertical
reservations". Special reservations ... vertical
(social) reservations will not apply to horizontal
1
(special) reservations. Where a special reservation
for women is provided within the social reservation
for Scheduled
employment, is a special reservation as contrasted from the social
reservation under Article 16(4). The method of implementing special
reservation, which is a horizontal ... 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
This principle does not to apply for
horizontal (special) reservations. For example, where a special
reservation for women is provided within the social reservation ... candidates to satisfy the special reservation (horizontal
reservation) have not been selected, then required
corresponding number of special reservation candidates
shall have to be taken
clear that this procedure is applied
only in the case of special reservation in favour of
physically handicapped, woman etc., which are horizontal
reservation. Thus ... where if “special reservation
candidates” entitled to horizontal reservation are to be
adjusted in a vertical column meant for “social
reservation”, the corresponding number
post has to be filled up, inclusive of a
5
special reservation in the form of a horizontal one. The power of either cancellation ... facilitate the horizontal reservation by treating it as a vertical
reservation. Admittedly, the rules do not provide for such reservation to be treated
