• Horizontal reservation

If in any exam cutoff for general andOBC candidate is 60marks in screening test and for SC andST candidate 45 marks. For horizontal reservation no marks given. I am OBC and dependent of freedom fighter candidate. I got 52 marks. If a SC OR ST candidate of dependent of freedom fighter category.selected on 45 marks. But OBC and DFF category candidate not. While DFF is also a category .it means SC DFF selected on 45 but OBC DFF not. It violates article 14 .DFF category candidate not judge on the basis of caste. While seats vacant for OBC DFF. Plzzzz help me
Asked 4 years ago in Civil Law

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19 Answers

The Reservation in fovour of Ex-servicemen, Person with Disability, Sportsmen, Minorities etc may be called Horizontal reservation.

Horizontal reservations cut across the vertical reservations – what is called interlocking reservations. The percentage of reservation allotted to Horizontal reservation categories should be adjusted against percentage of SC/ST/ OBC and General categories in vertical reservation.

Even after providing for these horizontal reservations, the percentage of reservations in SC /ST and OBC should remain the same. It should not exceed the limit prescribed for these categories.

All reservations are not of the same nature.

There are two types of reservations, which may, for the sake of convenience, be referred to as ‘vertical reservations’ and ‘horizontal reservations’.

The reservations in favour of Scheduled Castes, Scheduled Tribes and Other Backward Classes [(under Article 16(4)] may be called vertical reservations whereas reservations in favour of physically handicapped (under clause (1) of Article 16] can be referred to as horizontal reservations. Horizontal reservations cut across the vertical reservations – what is called interlocking reservations.

To be more precise, suppose 3% of the vacancies are reserved in favour of physically handicapped persons; this would be a reservation relatable to clause (1) of Article 16. The persons selected against the quota will be placed in that quota by making necessary adjustments; similarly, if he belongs to open competition (OC) category, he will be placed in that category by making necessary adjustments.

Even after providing for these horizontal reservations, the percentage of reservations in favour of backward class of citizens remains – and should remain – the same.”

Hope the above explanation clears your doubt about it.

 

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

You cannot treat it as caste basis bias. 

There is no discrimination shown to SC ST candidates or to the OBC candidates.

You should understand the basic concept before making any allegation or claiming equality under article 14.

There is no question of violation of article 14 of the constitution especially when the reservation policy and the rules therein are very clear in this aspect.

The reservations in favour of Scheduled Castes, Scheduled Tribes and Other Backward Classes [(under Article 16(4)] may be called vertical reservations whereas reservations in favour of physically handicapped (under clause (1) of Article 16] can be referred to as horizontal reservations. Horizontal reservations cut across the vertical reservations – what is called interlocking reservations.

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

Horizontal and vertical reservation is applicable in public sector. If DFF is not applicable in OBC but applicable in SC yes it is a violation of article 14 and 16.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Yes your facts are genuine. You should file a writ petition and challenge the notification.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Reservation itself is caste based. 

So there is enough justification to make some further reservations on caste basis for freedom fighters category. 

In my view this is completely logical and not violating art 14.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Please file Writ Petition before High Court under Articles 14,19,21,226 and 227 of Indian Constitution 1949 for infringement of your fundamental rights by State Government and all its officials. 

Please make parties to all including Advocate General of Uttar Pradesh and file the Petition before High Court Lucknow Bench for REDRESSAL OF YOUR GRIEVANCES against injustice being carried out by the State and its officials on the ground of unfair and unconstitutional rules of reservations against you.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

File a writ petition in High Court. 

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Every discrimination does not attract Article 14 of the Constitution, more so, when the classification is reasonably done having nexus with the object it seeks to achieve. 

2. It's to be seen whether this horizontal promotion is done as per the Policy or Service Regulations of the employer. 

3. If that is so then the court would not intervene in the Promotion Policy of your organisation. 

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

In your matter file a writ before the Hon'ble High Court.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

You have a remedy lies before the Administrative Tribunal or the High Court as the case may be to challenge the promotion Policy. 

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

You will have to challenge the admission policy before the Allahabad high court..

Nirmit Srivastav
Advocate, Lucknow
60 Answers

5.0 on 5.0

I understand your concerns which are genuine. You should file a case in the high court against discrimination.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Yes it voilates the article 14 of Indian Constitution you can file writ petition and seek direction of High court in the said case

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

You need to move before High Court for your grievances against injustice being caused to you.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Go for Writ Petition 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

The reservation quota will be same as prescribed in the police/rules for each community.

The DFF what you refer to is an additional privilege.

As per this, when you and another person both are selected for the same post under OBC quota which has only one vacancy, then this DFF privilege will be taken into consideration to allot you the opportunity over the other person who is not having the DFF qualification.

 

This  policy is applicable in all the categories thus understand the meaning of the policy framed in this regard:

"Horizontal reservations cut across the vertical reservations – what is called interlocking reservations"

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

- Actually , all reservations are not of the same nature

- Under Article 16(4) , the reservations in favour of Scheduled Castes, Scheduled Tribes and Other backward classes is called vertical reservations. 

- Further under clause (1) of Article 16, the reservations in favour of physically handicapped may be called horizontal reservations. 

- Further, horizontal reservations cut across the vertical reservations i.e. is called interlocking reservations. 

- Your query is fit for filing a Writ petition. 

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

You should file writ petition before Supreme Court on this topic.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Under Article 226, a writ petition can be filed before High Court . 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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