Not Declaring Separate Cut-Off Under Overall Horizontal Reservation Isn't Violation of Fundamental Rights: SC

The Supreme Court held that non-declaration of the cut-off marks for people with benchmark disability under an overall horizontal reservation is not arbitrary nor a violation of Fundamental Rights. The Court said that it is not incumbent on the selection authorities to show the cut-off marks for categories falling under overall reservation.

The bench comprising Justice Bela M Trivedi and Justice Satish Chandra Sharma observed respondents have declared the cut-off marks for the persons falling under compartmentalized horizontal reservation and not for the overall horizontal reservation under which the appellants fall. Such action neither be said to be arbitrary nor violative of Articles 14, 16, and 21 of the Constitution of India.

Read also: As BJP Blames Congress For Lateral Entry Issues, Veerappa Moily Sets The Record Straight

The case was related to the direct recruitment to the Civil Judge and Judiciary Magistrate post by the High Court of Rajasthan. The appellants who were the persons with benchmark disability fall under Overall Reservation were not successful in the Preliminary examination.

The appellant argued that respondents did not show the cut-off marks for the category of Persons with benchmark disabilities while declaring the result of Preliminary Examination showing the cut-off marks for each categories mentioned in the advertisement.

Reference was made to the case of Anil Kumar Gupta and Others vs. State of U.P. and Others reported in (1995) 5 SCC 173 for the explanation. As per the Court’s explanation, under the Overall Horizontal Reservation, the reservation is provided on the total post advertised, however, under the compartmentalized horizontal reservation the proportionate vacancies are reserved in each vertical reserved category.

The court said,“It has been observed therein (Anil Kumar Gupta’s case) that where the seats reserved for the Horizontal Reservations are proportionately divided amongst the Vertical (Social) Reservations and are not intertransferable, it would be a case of Compartmentalised Reservations, whereas in the Overall Reservation, while allocating the special reservation candidates to their respective social reservation category, the Overall Reservation in favour of special reservation categories has to be honoured”.

Read also: Centre Pulls Lateral Entry Ad Amid Backlash From Key Ally, Opposition

After perusing the recruitment advertisement, the Court found that only the reservation for women (widow or divorcee) was compartmentalized reservation wherein and not the persons with bench disabilities who were provided Overall Reservation.

The appeals were dismissed and the impugned decision of the High Court was upheld by the Court.