- DATE OF JUDGMENT – December 18, 2020
- BENCH – S. Ravindra Bhat
- PARTIES –
- SAURAV YADAV & ORS. …Petitioner(s)
- Versus
- STATE OF UTTAR PRADESH & ORS. …Respondent(s)
SUBJECT
This Miscellaneous Application has been preferred by Ms. Sonam Tomar and Ms. Reeta Rani who had participated in the Selection Process initiated for filling up posts of Constables in U.P. Police and secured 2 276.5949 and 233.1908 marks respectively. They had applied in the categories of OBC-Female and SC-Female respectively.
AN OVERVIEW
1. It is submitted by them that their claim has been rejected by the State Government despite directions issued by this Court in its Order dated 24.07.2019 in I.A. No.10394 of 2018 (Ashish Kumar Yadav and Others vs. State of Uttar Pradesh and Others) and that candidates with lower marks have been selected in General Female category disregarding their claim.
2. In the circumstances this Court directed the State to complete the process of selection in respect of 2312 + 982 vacancies in accordance with law. It was also directed that the principle of reservation would be followed while filling up these vacancies and that the State would adhere to the required minimum qualifying marks as devised during the process of selection and consider all eligible candidates in accordance with merit.
3. Aggrieved by the action on part of the State in not considering the claim of OBC female and SC female candidates against the posts meant for General Category female candidates, this Miscellaneous Application is preferred.
4. The observations in the Order dated 20.02.2019 passed by the Division Bench of the High Court of Judicature at Allahabad in Pramod Kumar Singh and Others vs. State of U.P. and Others8 are also relied upon by the State Government. In that case the horizontal reservation for dependants of Freedom Fighters, Ex. Servicemen and women in the very same selection for Police Constables was in issue
IMPORTANT PROVISIONS
Ninety Fifth Amendment - extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for another ten years, i.e. up to 26 January 2020.
ANALYSIS OF THE JUDGMENT
1. Order dated 16.03.2016 was recognised by this Court in its decision in Alok Kumar Singh and others vs. State of Uttar Pradesh and others9 and the State being bound by the observations of the High Court as quoted above, did not consider the claim of ‘OBC Female Category’ candidates against the posts meant for ‘General Female Category’.
2. In the backdrop of these admitted facts, the action on part of the State Government in refusing to consider the claim of ‘OBC Female Category’ candidates in respect of ‘General Female Category’ seats is in question in the present matter. It must be mentioned that no ‘SC Female Category’ candidates who were not selected, had secured more marks than 274.8928. Therefore, the claim of Applicant no.2 and other similarly situated ‘SC Female Category’ candidates does not stand on the same footing.
3. Paragraph 9 of Rajesh Kumar Daria etc. vs. Rajasthan Public Service Commission and others14 referred to the well-established principle that a candidate belonging to any of the vertical reservation categories, on the basis of his own merit, is entitled to be selected in the Open or General Category and in such eventuality his selection is not to be counted against the quota reserved for such vertical reservation category. We may for the sake of clarity reproduce the following extract from the decision in Ritesh R. Sah vs. Dr. Y.L. Yamul and Others17 which noted the larger Bench decisions in Indra Sawhney vs. Union of India11 and R. K. Sabharwal vs. State of Punjab15
4. The second view may lead to a situation where, while making adjustment for horizontal reservation in Open or General Category seats, less meritorious candidates may be adjusted, as has happened in the present matter. Admittedly, the last selected candidates in Open General 51 female category while making adjustment of horizontal reservation had secured lesser marks than the Applicants. The claim of the Applicants was disregarded on the ground that they could claim only and only if there was a vacancy or chance for them to be accommodated in their respective column of vertical reservation.
CONCLUSION
Reservations, both vertical and horizontal, are method of ensuring representation in public services. These are not to be seen as rigid “slots”, where a candidate’s merit, which otherwise entitles her to be shown in the open general category, is foreclosed, as the consequence would be, if the state’s argument is accepted. Doing so, would result in a communal reservation, where each social category is confined within the extent of their reservation, thus negating merit. The open category is open to all, and the only condition for a candidate to be shown in it is merit, regardless of whether reservation benefit of either type is available to her or him.
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