Rajesh Kumar Daria vs Rajasthan Public Service Commission
Rajesh Kumar Daria vs Rajasthan Public Service Commission - Supreme Court Case Summary of Leading Case -
On 18th July, 2007, a three Judges Bench in Rajesh Kumar Daria vs Rajasthan Public Service Commission & Ors [Civil Appeal No.3132 of 2007] examined the difference between vertical (social) reservation in favour of SC, ST and OBC and horizontal (special) reservation in favour of women etc.
The Bench said that “where a vertical reservation is made in favour of a backward class under Article 16(4)[of the Constitution], 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 numbers will not be counted against the quota reserved for the respective backward class. Therefore, if the number of SC candidates, who by their own merit, get selected to open competition vacancies, equals or even exceeds the percentage of posts reserved for SC candidates, it cannot be said the reservation quota for SCs has been filled. The entire reservation quota will be intact and available in addition to those selected under Open Competition category.”
But the Bench observed that the “aforesaid principle applicable to vertical (social) reservations will not apply to horizontal (special) reservations. It said that “ 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 Castes-Women’. If the number of women in such list is equal to or more than the number of special reservation quota, then there is no need for further selection towards the special reservation quota. 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 “women selected on merit within the vertical reservation quota will be counted against the horizontal reservation for women”, the Bench said.