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Criminal Matter Legal 4 (English)
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While applying the principle of Horizontal Reservation, category has a role to play as at the point of time when Horizontal Reservation is to be pressed, then based on merit candidates in question are to be adjusted in their respective category and the male candidates, who are at the bottom of the list as per the merit, will have to make place for women candidates. A candidate, who has proceeded to make an application for the purposes of Horizontal Reservation under the OBC/SC/ST category, cannot be permitted to change his/her category, whereas in Vertical Reservation once you are selected, such a change is permissible by operation of law and in view of this, once such is the factual situation that is so emerging that all the candidates once they have specified their category in reference of Special Reservation, then they have to be adjusted in their respective categories and the reserve category candidate cannot ask for placement against open category by claiming that they have higher merit, in as much as only in the matter of Vertical Reservation, merit has a role to play wherein the list is finalized but at the point of time when for providing Horizontal Reservation adjustment is to be made, then various adjustments is required to be done as per the formula that has been approved and ratified by the Apex Court that in the matter of horizontal reservation, adjustment would be made by making appropriate placement in appropriate categories. The Apex Court was conscious of this fact that such a provision may be subjected to misuse and accordingly, position was sought to be clarified by giving examples and then providing that if horizontal reservation is not satisfied, the requisite number of special reservation candidate has to be taken and accommodated/adjusted against their respective social reservation categories, Sub-Section (3) of Section 3 of U.P. Act No. 4 of 1993 provides for horizontal reservation to be applied accordingly, the application of horizontal reservation in this prescribed manner maintains the merit of special reservation quota candidate along with their representation in service, in view of this, the learned Single Judge is absolutely right at the point of time when he has proceeded to criticise the State Government for taking such a stand and for adhering to a procedure that was not at all prescribed in law and thus crossing the limit of reservation of 50%, in view of this, the order passed by learned Single Judge does not deserve interference on this aspect of the matter. We have already noted the judgement of the Apex Court in the case of Ashok Kumar (supra) wherein the concept of horizontal reservation as to whether it is a case of overall reservation or it is a case of horizontal reservation, has been discussed and elaborated in detail. The way and manner in which horizontal reservation is to be implemented and given effect to has also been dealt with in detail so that it does not proceed to cross 50% limit that has been provided for the reserved candidates in question.
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