Summary
In recruitment of constables in Uttar Pradesh, otherwise eligible OBC women who scored above the last selected open-category woman could not be excluded from open-category horizontal reservation merely because they belonged to a vertically reserved category. The Court directed offers of employment to qualifying OBC women, protected existing appointees and rejected claims of candidates below the relevant merit threshold.
Issues
- Whether women belonging to vertically reserved categories may compete on merit for horizontal reservation for women in the open category.
- How vertical and compartmentalised horizontal reservations must be reconciled, and what relief should follow in the completed recruitment.
Provisions considered
- Articles 14 and 16(1), (4), Constitution of IndiaOpen-category selection must respect merit across social categories; horizontal reservation intersects vertical reservation without converting open posts into posts reserved for candidates outside the reserved classes. (¶¶ 18, 22–35)
- Conditions 2 and 3, Government Order dated 26 February 1999, Uttar PradeshThe concurring opinion explained that adjustment within the appropriate category and counting women selected on merit toward the horizontal quota do not prohibit reserved-category women from competing for open-category posts. (¶ Bhat, J., 6–8)
Held
- Open/general-category posts are available on merit to candidates of all categories. At the horizontal-reservation stage, excluding otherwise eligible reserved-category women in favour of less meritorious women is impermissible. The contrary Allahabad and Madhya Pradesh views were rejected. The analysis concerns candidates who had not availed a special benefit disentitling them from open-category consideration. (¶ 22–35)
- Women already selected on merit within the relevant vertical compartment count towards its horizontal quota; only a shortfall requires adjustment. This differs from vertical reservation, where reserved-category candidates selected on open merit do not consume the vertical reserved quota. The procedure stated by the Gujarat High Court was approved as correctly accommodating both kinds of reservation. (¶¶ 29–30, 36)
- Rather than disturb trained, serving appointees, the Court directed employment offers to all OBC women scoring above 274.8928, preserving existing general-category female appointments. Letters were due within four weeks, acceptance within two further weeks, formalities within three further weeks and appointment letters within the following week. Seniority, pay and other employment consequences run from issuance of appointment orders. (¶ 37)
- The SC female applicants and the petitioners in WP (C) 237/2020 had not exceeded the relevant open-category female cut-off. Their claims failed; possible unfilled vacancies did not establish a right to mandamus for absorption, and the authorities must act under the governing statutory provisions. (¶ 38–43)
- Bhat, J., concurring, stressed that horizontal reservations interlock with vertical categories and cannot confine meritorious women to rigid social-category slots. The open category remains available to all on merit. (¶ Bhat, J., 9–16)
Result
MA 2641/2019 and IA 25611/2019 partly allowed with directions for qualifying OBC women; claims of the SC female applicants rejected; WP (C) 237/2020 dismissed. Existing appointments protected.