News By/Courtesy: Parimala Ronanki | 02 Apr 2021 12:18pm IST

HIGHLIGHTS

  • courts verdict on reservations
  • exegesis of different reservations
  • supreme court blocked attempts to attenuate merit under open category .

(Horizontal reservation v. vertical reservation. ) In this case, the supreme court has appointed three judges’ bench and decided in which way horizontal and vertical reservation can be interpreted. And in real whether the reservation is anti merit or not. Reservation can be done in two types one is a horizontal reservation and the other one is a vertical reservation. Vertical reservation- the social reservation Article 15(4) says that special provisions can be done only for the advancement of socially and educationally backward classes or either for schedule cast or schedule tribes. Along with this even, Article 16(4) also says that provisions can be made for reservation in appointment or post in favour of any backward class of the citizens. Both articles 15(4) and 16(4) talks about a social reservation. Social reservation as in backward classes, schedule caste, and schedule tribe is the reason they come under vertical reservation. Horizontal reservation- the special reservation Article 15(3) says that special provisions can be done for children and women. Similarly, the reservation done for physically handicap, defense personal these come under special reservation. These are only called horizontal reservations. The main issue here is that in which way horizontal or vertical reservation can be applied. For example, there were 100 seats were left for an examination if we keep reservation in mind then, here 51,22,27 is said to be vertical reservation because here whatever vertical percentage has come that is exactly is determined with the vacancies. When we come to horizontal reservation here the 10% quota comes to women and children. This is applied in each category individually. So here horizontal reservation talks about the minimum quantity and vertical talks about the aggregate and from which horizontals minimum is taken. Total General Sc/St OBC 100 51 22 27 10%=10 10%=6 10%=3 10%=3 Facts of the case So, in this case, what happens is in UP vacancies for the police constables were released. The exam was conducted and a cut-off was made. Cut-off will be different for male candidates and female candidates. Now the issue was the cut-off of the male candidates in the general/open category the cut-off for that is 313.616, for OBC it was 307, for Sc it was 283 and for St, it was 247. So, any male who is from OBC is already getting more than 313 then he is inducted through the general category. But the same thing did not happen in the case of females. The minimum cut-off for females was 274.82 but the 21 OBC girls got more than 274but they were not selected, and they were said that there only general categories’ students are only seen but you are from OBC so you will not be taken into consideration.so here the question rises is can horizontal reservations be curtailed only in a specific category and why is this discrimination only towards women. These questions by different high courts are interpreted according to Rajasthan, Bombay, Uttarakhand, and Gujarat have considered that the candidates belonging to the reserved category can be considered to fill horizontal quota on an open category on their own. while Allahabad and Madhya Pradesh high court have said candidates from the reserved category can be adjusted only against their category under the concerned vertical category not against the general category. As there is no uniform set standard according to their observations the courts have adopted. So, by considering all these and studying all these the supreme court said they cannot exclude any reserve candidates from available seats which are there for the general category because the general category is one type of open category. The court hereby taking MP high courts statement said that if we are making such demarcation then we creating a reservation and that was never the objective or the intention of the constitution. So, the court said that the open category is not a quota but available to all men and women. The horizontal reservation is interlocking reservations. And also said that vertical reservation is only applicable to Sc, St, and OBC it does not apply to the open category. Moreover, migration is allowed from a reserved category to an unreserved category. And also said that whenever migration happens then vacancies are created in the reserved category these vacancies are to be filled in that particular category only and if the candidates are falling short then that vacancy can be carried forward. The court here made a demarcation that only in the vertical reservation it can be carried forward in horizontal it cannot be carried forward. So finally supreme court told that the interpretation of the high court was wrong and said that any reserved category person can be taken through open category if that person qualifies the merit. And taking this same principle and applying it in the present case and said all candidates coming from OBC category have qualified the cut-off they will be employed as a constable in UP police.

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts that have been made to ensure the accuracy and correctness of the information published, 5thVoice.News shall not be responsible for any errors caused due to human error or otherwise.

Section Editor: 5thVoice.News | 02 Apr 2021 20:44pm IST


Tags : #verdict#supreme court#reservations

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