- In Bharat Sanchar Nigam Limited vs. Sandeep Choudhary (2015), Justices M R Shah and B V Nagarathna held that the seats/posts belonging to the General Category can be allotted to those candidates of the reserved category if their merit and position in the merit list permit them to do so.
- In this instance, a writ petition filed by BSNL that challenged the order of the Central Administrative Tribunal was dismissed by the HC. The ruling allowed an application by a candidate who held that the OBC candidates securing higher marks than that of the general category candidates are entitled to be accommodated against the general category seats. Consequently, the seats reserved for the OBC category were required to be filled in by remaining reserved category candidates on merit.
- It was contended by BSNL that the reserved category candidates might be adjusted against their own vacancies at the time-of-service allocation to acquire services of greater preference if they are selected on merit and put on a list of general category candidates. Contrary to this, the respondents contended that reserved category candidates who scored higher than the last candidate in the general category must be adjusted against the general category quota and must be considered in the general category pool, requiring the remaining reserved category candidates to be appointed against the reserved category quota.
- Article 16 (4) states that nothing prevents the state from creating provisions for the reserve of appointments in favour of any backward class of persons that, in the view of the state, is not sufficiently represented in the state's services.
- In Indra Sawhney V. Union of India, 1992 Supp (3) SCC 217, it was ruled that the 50 percent requirement only applies to reservations imposed in favour of backward classes under Article 16(4) of the Constitution. In addition, it was discovered that there are two types of reservations: vertical reservations (in favour of SC, ST, and Other Backward Classes) and horizontal reservations (in favour of the physically handicapped). Furthermore, horizontal reservations intersect with vertical reservations, forming interlocking reservations. Even with horizontal reservations present, the ratio of reservations in favour of the backward class of residents remains the same and should stay so. This is how reservations are handled in various states, and there's no reason it shouldn't continue.
- In Rajesh Kumar Daria V. Rajasthan Public Service Commission, (2007) 8 SCC 785, the Court observed the definition of horizontal reservation and the contrast between vertical reservation and horizontal reservation.
- After hearing both parties' arguments and referring to the aforementioned cases, the Hon'ble Court held that candidates affiliated with the vertical reservation categories are permitted to be selected in the general category and that their selection based on their merit cannot be tallied against the quota reserved for their category.
- Furthermore, it was decided that reserved category applicants who scored better than the last general category candidate were entitled to a seat or post in the unreserved categories. Moreover, merit must be given preferential treatment even when applying horizontal reservation, and if applicants from the SCs, STs, and OBCs have obtained higher marks, they must be evaluated against seats designated for unreserved candidates. Candidates from restricted categories are eligible to claim seats in unreserved categories, provided their merit and location on the merit list allow it.
- The Hon'ble Court also held that the entire selection process would be disturbed by reorganizing and inserting two OBC candidates onto the general category's list as the two general category candidates would have to be expelled or removed. As a result, it directed, utilizing its powers under Article 142 of the Constitution, that these two general category candidates would not be dismissed from service on reorganizing the select list.
- Therefore, the Hon'ble SC dismissed the appeal.
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