Service Law : Horizontal Reservation And Vertical Reservation Explained by Court issuing Directions to Recast the Select List of Candidates

Service Law : Horizontal Reservation And Vertical Reservation Explained by Court issuing Directions to Recast the Select List of Candidates

In a recent Judgment, direction has been issued to recast the select list of candidates. 

The case arose out of an advertisement which would show that out of 11 (eleven) posts, 4 (four) posts were kept for Unreserved category and 3 (three) posts were kept for OBC/MOBC and remaining 1 (one) post each in the ST(H), ST(P), SC and EWS quota.

Here Petitioner argued that the Petitioner also belongs to the OBC category and as such, if the select list is to be recast, the Petitioner can very well be accommodated. However, Court said that the said submission cannot be allowed for two reasons. First, the Petitioner never applied in the OBC category but applied as a General category candidate and this aspect is apparent from a perusal of the Petitioner's application enclosed as Annexure of the writ petition. Secondly, the select list was published on 18.02.2024 and the Petitioner was issued the OBC certificate on 27.09.2024 much after the select list was published. Additionally, the very edifice of the case of the Petitioner rests upon the fact that the Petitioner being the sole woman Unreserved category candidate having secured the highest marks, ought to have been accommodated against the Unreserved category of candidates. Under such circumstances, the Petitioner cannot now be permitted to raise this submission by taking such plea in the Affidavit-in Reply.

Reservation and Its Application

Case also explained how reservation is applied. 

The State Legislature enacted the Assam Women (Reservation of Vacancies in Services and Posts) Act, 2005 already referred to as the Act of 2005, to provide for reservation of vacancies in services and posts for women in the State of Assam. It came into force on 13.05.2005. Section 4 of the Act of 2005 provides the reservation for women in vacancies to be filled up by Direct Recruitment. 

Section 5 permits the State Government to exempt the reservation in respect to certain specialized services and posts for women in view of the specialized qualifications or experience required to such services and posts. For doing so, the State Government is required to issue a notification in the Official Gazette exempting such services and posts from the purview of the Act of 2005. In other words, without a notification published in the Official Gazette, all posts for direct recruitment have to confirm to Section 4 of the Act of 2025. Section 6 is a penal provision stipulating that if any Appointing Authority makes an appointment in contravention of the provisions of Section 4, the Appointing Authority shall be liable to be punished with a fine which may extend up to Rs.1000/- and the State Government may also draw up disciplinary proceedings against him/her and punishment may be imposed as per the Assam Services (Discipline and Appeal) Rules, 1964.  Section 11 empowers the State Government to make Rules for carrying out the purposes of the Act of 2005. The Rules i.e. Assam Women (Reservation of Vacancies in Services and Posts) Rules, 2005 were made by the State Government in exercise of the powers under Section 11(1) of the Act of 2005.  Rule 3 of the Rules of 2005 prescribes the manner in which the reservation in terms with Section 4 of the Act of 2005 would be applied. The Schedule to the Rules of 2005 also stipulates the breakup of the percentage of 30% reservation in respect of appointment to the services and posts by Direct Recruitment for women candidates.

Scope and Ambit of the Act

For the purpose of understanding the scope and ambit of the Act of 2005 and the Rules framed therein under, Court found it appropriate to note the difference between vertical reservations and horizontal reservations. Vertical reservations which are also known as Social Reservations are made in favour of SC, ST and OBC under Article 16(4). The features of vertical reservation are: (a) They cannot be filled up by open category or categories of candidates other than those specified and have to be filled by candidates of social category concerned only, i.e. SC, ST and/or OBC.  (b) Mobility (“migration”) from reserved (specified category) to unreserved (open category) slot is possible based on meritorious performance or in other words, a reserved category candidate is permitted to migrate to the seats/posts kept for unreserved categories based on meritorious performance. (c) In case of migration from reserved to open/unreserved category, the vacancy in the reserved category should be filled by another person from the same reserved category lower in rank. (d) If the vacancies cannot be filled up from the reserved category due to shortfall of candidates, such vacancies are to be carried forward or dealt with appropriately by the Statutory Rules. 

On the other hand, horizontal reservations also known as special reservations are made in favour of physically handicapped, women etc. under Article 16(1) or 15(3) of the Constitution. In contradistinction, to the vertical reservation, horizontal reservation by their nature are not inviolate pools or carved in stone. They are premised on their overlaps and are “interlocking” reservations. They are to be calculated concurrently and along with the vertical/social reservation quotas. Post/seats reserved for horizontal reservations cannot be carried forward. The horizontal reservation quotas being one of adjustment i.e. examining whether on merit any of the horizontal categories are adjusted in the merit list in the open category and then in the quota for such horizontal category within the particular specified/social reservation.

A candidate coming within the ambit of social reservation as a matter of right have to be considered against the category meant for Unreserved candidates, if his/her merit position demanded so. A fortiori therefore is that a female candidate belonging to the categories earmarked for social reservation would also be entitled as a matter of right to have her candidature considered against the category meant for unreserved female candidates.

Category of Unreserved female is not specifically allocated or reserved for those candidates who did not belong to any of the categories of SC, ST or OBC and that by very nature “unreserved category must mean and include every person who on the strength of merit could be entitled to be considered in that category”.

It was held that the second proviso to Section 4 of the Act of 2005 postulates that the woman quota reserved for unreserved category would include all in terms of merit. The said quota reserved for unreserved category therefore shall not be confined to a woman from unreserved woman category but shall include all including from socially reserved category candidates, if meritorious. 

For further details refer Mitra Chakraborty (Kanu) v. State of Assam [2025] GCtR 1687 (Gauhati).