SAURAV YADAV & ORS. versus STATE OF UTTAR PRADESH & ORS.

Citation: [2020] 11 S.C.R. 281 · Decided: 18-12-2020 · Supreme Court of India · Bench: UDAY UMESH LALIT · Disposal: Dismissed

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Judgment (excerpt)

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SAURAV YADAV & ORS.
v.
STATE OF UTTAR PRADESH & ORS.
(Miscellaneous Application No.2641 of 2019)
In
(Special Leave Petition (Civil) No. 23223 of 2018)
DECEMBER 18, 2020
[UDAY UMESH LALIT, S. RAVINDRA BHAT AND
HRISHIKESH ROY, JJ.]
Service Law – Selection – Reservation – Horizontal
reservation and vertical reservation – Two candidates, one belonging
to the OBC-Female category and another belonging to the SC-
Female category participated in the selection process in 2013 for
filling up posts of constables in Uttar Pradesh police – They had
secured 276.5949 and 233.1908 marks respectively – The cut-off
of female (general category) was 274.8928 – They both claimed
selection in General Female category – Their claim was rejected by
the State – The State relied on order dated 16.03.2016 passed by
the High Court of Allahabad which held that “if the special category
candidate belonging to OBC category scored higher marks than
his /her counterpart adjusted in open category, cannot be shifted
to open category” –  Similar view was adopted by the Madhya
Pradesh High Court (view of High Court of Allahabad and Madhya
Pradesh may be termed as ‘second view’) – However, the High
Courts of Rajasthan, Bombay, Uttarakhand and Gujarat (termed
as ‘first view’) have adopted the view that “Reservation prescribed
may be ‘vertical’ or ‘horizontal’ if it relates to open category, the
candidate belonging to backward class cannot be precluded from
competing for the said posts on their own merit with rest of the
candidate” – Held: The ‘second view’ is neither based on any
authoritative pronouncement by Supreme Court nor does it lead to
a situation where the merit is given precedence – Subject to any
permissible reservations i.e. either Social (Vertical) or Special
(Horizontal), opportunities to public employment and selection of
candidates must purely be based on merit – Any selection which
results in candidates getting selected against Open/General category
with less merit than the other available candidates will certainly be
opposed to principles of equality – There can be special dispensation
when it comes to candidates being considered against seats or quota
meant for reserved categories and in theory it is possible that a
[2020] 11 S.C.R. 281
281
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SUPREME COURT REPORTS
[2020] 11 S.C.R.
more meritorious candidate coming from Open/General category
may not get selected – But, the converse can never be true and will
be opposed to the very basic principles which have all the while
been accepted by Supreme Court – Any view or process of
interpretation which leads to incongruity must be rejected – The
‘second view’ will lead to irrational results – Therefore, the ‘second
view’ is dissapproved and rejected – The ‘first view’ which weighed
with the High Courts of Rajasthan, Bombay, Uttarakhand and
Gujarat is correct and rational – In the instant case, all candidates
coming from ‘OBC Female Category’ who had secured more marks
than 274.8929, i.e. the marks secured by the last candidate
appointed in ‘General Category Female’ must be offered employment
as constables in Uttar Pradesh Police – Since, it has been accepted
that none of the candidates coming from ‘SC Female Category’ had
secured more marks than 274.8298, the claims of the Applicant no.2
and all similarly situated candidates are rejected – Constitution of
India – Reservations.
Constitution of India – Reservations – Horizontal reservation
and vertical reservation – Held: 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 – 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.
Constitution of India – Reservations – Difference between
Horizontal reservation and vertical reservation – discussed.
Partly allowing the Miscellaneous Application No. 2641 and
I.A.No. 25611 of 2019 and dismissing the W.P.(C) No. 237 of
2020, the Court
HELD: Per UDAY UMESH LALIT, J. [for himself,
S. RAVINDRA BHAT and HRISHIKESH ROY, JJ.]
1. The second view (view of High Court of Allahabad and
Madhya Prade

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