‘Horizontal Quota’ For A Particular Social Category Can’t Be Filled By Candidates Of Other Social Category: Orissa High Court

The Orissa High Court has clarified that unlike ‘vertical reservation’ in which principle of mobility is applicable, ‘horizontal reservation’ for a particular social category can only be granted to candidates coming under that social category and not beyond that. While explaining the contours of ‘vertical reservations’, the Apex Court had observed, “Where a vertical reservation is made in favour of a Backward Class under Article 16, the candidates belonging to such Backward Class, may compete for non-reserved posts and if they are appointed to the non-reserved posts on their own merit, their number will not be counted against the quota reserved for respective Backward Class. The entire reservation quota will be intact and available in addition to those selected under open competition category.” Similarly, it explained the working pattern of ‘horizontal reservations’ in the following words, “Where a special reservation for women is provided within the social reservation for Scheduled Castes, the proper procedure is first to fill up the quota for Scheduled Castes in order of merit and then find out the number of candidates among them who belong to the special reservation group of “Scheduled Caste women”. Only if there is any shortfall, the requisite number of Scheduled Caste women shall have to be taken by deleting the corresponding number of candidates from the bottom of the list relating to Scheduled Castes.” The Court then applied the aforesaid legal position to the facts of the case at hand and opined, the principle that the petitioner has harped upon is applied in case of vertical reservation but not for horizontal reservation.