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Vertical Reservation

Article 16 of the Indian Constitution provides for equality of opportunity in public employment. It outlines two types of reservations: vertical reservations for Scheduled Castes, Scheduled Tribes, and Other Backward Classes; and horizontal reservations for physically handicapped individuals. Horizontal reservations cut across vertical reservations through a system of interlocking reservation where individuals with disabilities are placed into the appropriate vertical reservation category. To illustrate this, if two positions were reserved for individuals with disabilities and one person was from a Scheduled Caste and the other from the general category, they would be placed into those respective vertical reservation categories in the roster.

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116 views

Vertical Reservation

Article 16 of the Indian Constitution provides for equality of opportunity in public employment. It outlines two types of reservations: vertical reservations for Scheduled Castes, Scheduled Tribes, and Other Backward Classes; and horizontal reservations for physically handicapped individuals. Horizontal reservations cut across vertical reservations through a system of interlocking reservation where individuals with disabilities are placed into the appropriate vertical reservation category. To illustrate this, if two positions were reserved for individuals with disabilities and one person was from a Scheduled Caste and the other from the general category, they would be placed into those respective vertical reservation categories in the roster.

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keshavllm
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Article 16 of the Constitution provides for equality of opportunity in matters of public

employment. The State in terms of Article 16 of the Constitution provides two types of
reservations i.e. a vertical or social reservation and horizontal reservation. 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 Article 16(1) or 15(3)] can be referred to as horizontal reservations.The
vertical reservation is provided to reserve caste like SC/ST, OBC etc. whereas horizontal
reservations are called as reservation within reservation or special reservation like
reservation to female, physically challenged person, ex-service man etc.

Horizontal reservation cuts across vertical reservation (in what is called interlocking
reservation) and person selected against the quota for persons with disabilities have to be
placed in the appropriate category viz. SC/ST/OBC/General candidates depending upon the
category to which they belong in the roster meant for reservation of SCs/STs/OBCs.
To illustrate, if in a given year there are two vacancies reserved for the persons with
disabilities and out of two persons with disabilities appointed, one belongs to a Scheduled
Caste and the other to general category then the disabled SC candidate shall be adjusted
against the SC point in the reservation roster and the general candidate against unreserved
point in the relevant reservation roster. In case none of the vacancies falls on point reserved
for the SCs, the disabled candidate belonging to SC shall be adjusted in future against the
next available vacancy reserved for SCs.
A special provision for women made under Article 15(3), in respect of employment, is a special reservation as
contrasted from the social reservation under Article 16(4). The method of implementing special reservation,
which is a horizontal reservation, cutting across vertical reservations, was explained by this Court in Anil Kumar
Gupta vs. State of U.P. [1995 (5) SCC 173] thus :

"The proper and correct course is to first fill up the Open Competition quota (50%) on the basis of merit; then fill
up each of the social reservation quotas, i.e., S.C., S.T. and B.C; the third step would be to find out how many
candidates belonging to special reservations have been selected on the above basis. If the quota fixed for
horizontal reservations is already satisfied - in case it is an overall horizontal reservation - no further question
arises. But if it is not so satisfied, the requisite number of special reservation candidates shall have to be
taken and adjusted/accommodated against their respective social reservation categories by deleting the
corresponding number of candidates therefrom. (If, however, it is a case of compartmentalized horizontal
reservation, then the process of verification and adjustment/accommodation as stated above should be applied
separately to each of the vertical reservations. In such a case, the reservation of fifteen percent in favour of
special categories, overall, may be satisfied or may not be satisfied.)

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