‘Horizontal Quota’ For A Particular Social Category Can’t Be Filled By Candidates Of Other Social Category: Orissa High Court

The Orissa High Court has clarified that unlike ‘vertical reservation’ in which principle of mobility is applicable, ‘horizontal reservation’ for a particular social category can only be granted to candidates coming under that social category and not beyond that. For example: horizontal quota meant for unreserved category women cannot be occupied by SC/ST/OBC category women.While simplifying the position of law, a Single Judge Bench of Justice Sashikanta Mishra observed,“…it is evident that the principle of mobility as applicable in case of social (vertical) reservations are not applicable to special (horizontal) reservation. This implies that the special reservations like women etc. have to be confined to their respective social categories.”Pursuant to an advertisement by the Odisha University of Agriculture and Technology (OUAT), the petitioner applied for the post of Asst. Professor, Animal Re-production Gynaecology as SEBC category candidate. Four posts were advertised viz, two unreserved (U.R.) category posts (one reserved for a woman) and one post each for SEBC (Woman) and Scheduled Tribe (Woman).Upon declaration of results, it was found that two male persons were selected under the U.R. category even though one of the posts belonging to such category was reserved for woman. As a result, Dr. Basanti Jena, a SEBC category candidate who secured the third position, was not adjusted against the unreserved category vacancy for woman. Resultantly, the petitioner failed to get the only vacancy available for SEBC(W) category as that was occupied by Dr. Jena. Thus, being aggrieved by the allotment procedure, the petitioner approached the High Court.Referring to the observations of the Apex Court in the case of Rajesh Kumar Daria v. Rajasthan Public Service Commission & Ors., it was argued for the petitioner that the authorities ought to have prepared a merit list of all candidates and thereafter applied the principle of reservation as per the social reservation quotas.It was further submitted for the petitioner that had such an exercise been done, Dr. Jena could have been adjusted against the U.R. (W) category post. Accordingly, the petitioner being the only SEBC(W) candidate left, could have been appointed against such quota. However, the authorities appointed a male person against the category reserved for women.On the contrary, it was submitted for the University that the relevant clause of the advertisement states that in the event of non-availability of women candidates or insufficient number of women candidates, the male candidates belonging to the particular community may be appointed. Therefore, as in the instant case as Dr. Jena belonged to SEBC(W) category, she was rightly selected for the said category and as there was no woman candidate in the U.R. category, the next available male candidate was given appointment in that category.Court’s AnalysisAfter giving a careful read to the decision of the Apex Court in Rajesh Kumar Daria, the Court rejected the contentions advanced by the petitioner. It particularly cited para 9 of the said judgment wherein the Supreme Court attempted to draw a line between ‘vertical reservation’ and ‘horizontal reservation’. The Court had therein elucidated the processes as to how both the reservations work.While explaining the contours of ‘vertical reservations’, the Apex Court had observed,“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 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.”Similarly, it explained the working pattern of ‘horizontal reservations’ in the following words,“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.”The Court then applied the aforesaid legal position to the facts of the case at hand and...

‘Horizontal Quota’ For A Particular Social Category Can’t Be Filled By Candidates Of Other Social Category: Orissa High Court

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