Summary
A post horizontally reserved for persons with low vision (PWD-LV) in the Unreserved category is open on merit to PWD-LV candidates of every social category. A more meritorious OBC-A candidate with low vision was therefore rightly appointed over a less meritorious unreserved PWD-LV candidate. The notification's clause allowing PWD candidates of other categories only if no qualified UR (PWD-LV) candidate was available did not bar this; it merely stated the obvious.
Issues
- Whether a post reserved for PWD-LV in the Unreserved category must go to an available qualified unreserved PWD-LV candidate, or is open on merit to more meritorious PWD-LV candidates from reserved social categories.
- How the recruitment notification's condition, that if no qualified UR (PWD-LV) candidate is available the vacancy will be filled by PWD candidates of other categories as per merit, is to be read.
Provisions considered
- Articles 14 and 16, Constitution of IndiaVertical reservations under Article 16(4) and horizontal reservations for persons with disabilities under Article 16(1) were explained through Indra Sawhney; a reading that let a less meritorious unreserved candidate displace a more meritorious reserved one for an unreserved post was held arbitrary and contrary to the equality clause. (¶¶ 20, 21, 43, 46)
Held
- The Unreserved or Open category is not a social or communal category; it is the pool remaining after the reserved quotas and is open to all on merit. Reserved-category candidates may migrate to it on merit without affecting their category's quota or their own status for other purposes. (¶¶ 21, 27, 41, 42)
- A horizontal (special) reservation within the Unreserved category keeps that open character, qualified only by the special attribute: the post is open to candidates of every social category, SC, ST or OBC, who possess that attribute, and must be filled purely on merit among them. The converse does not hold: a compartmentalised horizontal post within a social category is open only to that social category's candidates with the attribute, and candidates of other horizontal categories cannot claim a post earmarked for PWD-LV. (¶¶ 28, 29, 30, 31, 33, 34, 38, 40)
- Following Saurav Yadav, horizontal posts are filled first by adjusting on merit in the open category and then within the relevant social category; the OBC-A candidate with low vision, being more meritorious, was rightly adjusted against the UR (PWD-LV) post, and no second-stage adjustment arose as there was no PWD-LV reservation in OBC-A. (¶¶ 32, 35, 45)
- The notification clause must be read consistently with the law on unreserved posts and migration. It merely states that if no qualified unreserved PWD-LV candidate exists, others may fill the post; it does not bar a more meritorious reserved PWD-LV candidate while an unreserved PWD-LV candidate is available. The Division Bench's contrary reading wrongly treated 'Unreserved' as a distinct category and defeated merit. (¶¶ 36, 37, 39, 41, 43, 44, 49)
- A reserved candidate appointed against an unreserved post must not have availed any relaxation in eligibility, since relaxations are confined to reserved posts (Deepa E.V. and Sajib Roy); nothing showed the OBC-A candidate had availed any relaxation. (¶¶ 46, 47, 48)
Result
Appeal allowed; the Division Bench's judgment dated 07.05.2024 set aside and the Single Judge's order dated 11.12.2023 dismissing the writ petition restored.