Candidates from reserved categories, if selected on the basis of their own merit, cannot be counted against the quota for their vertical reservation categories. The application of horizontal reservation and the consideration of candidates from reserved categories against open or general category seats were also clarified.

JUDGMENT :

Sandeep Sharma, J.

Precisely the question, which has fallen for adjudication in the case at hand is, “whether a candidate belonging to any of the vertical reservation categories on the basis of his/her merit is entitled to be selected in the open or general category and, in such eventuality, whether his/her selection is to be counted towards the quota granted for vertical category?”

2. Before exploring/ascertaining an answer to the aforesaid question, it would be apt to take note of certain undisputed facts, which may be germane for the adjudication of the case at hand.

3. Respondent No.3, vide advertisement No. 35-3/2019 dated 28.12.2019 (Annexure P-1) advertised 10 posts of Senior Laboratory Technician (now Medical Laboratory Technician Grade-II) under post code 749. Such posts were reserved for various categories as follows:

4. Petitioner being eligible in terms of the educational qualifications prescribed in the aforesaid advertisement, applied for the post under the category of OBC (Wards of Ex-servicemen). Vide Notification dated 3.12.2020 (Annexure P-3), the petitioner was declared successful under Roll No. 749000007 in the screening test and was further directed to appear for the evaluation process on 15.12.2020. Though the petitioner appeared for the evaluation process on the given date, but in the final merit list, declared on 28.1.2021 (Annexure P-4), he could not secure a place, rather, he was placed at Sr. No. 1 in the waiting list, under the OBC(Wards of Ex-serviceman) (Annexure P-5). Perusal of Notification dated 28.1.2021, whereby result for the post under post code 749, was declared, reveals that in total 7 candidates were selected against 10 posts viz., 4 against General (Wards of Ex-serviceman), 2 under OBC(Wards of Ex-serviceman) and 1 under SC(Wards of Ex-serviceman), and three posts, one under each category of General, SC and ST (all Wards of ex-servicemen), remained vacant on account of non-availability of candidates in those categories.

5. Precisely, the grievance of the petitioner is that since candidates namely Neha Kumari and Brajesh Parihar (respondents Nos. 5 and 6 herein), who had applied against the category of OBC (Wards of Ex-serviceman) and SC (Wards of Exserviceman), respectively had secured more marks than the candidates of General (Wards of Ex-serviceman), they ought to have been placed at Sr. Nos. 1 and 2 in the merit list. Since the candidates placed at Sr. Nos. 3 and 5 (respondents Nos. 5 and 6), despite having stood at first and second positions, respectively, were declared successful under OBC (W.Exsm) and SC(W.Exsm) categories respectively, petitioner, who had also applied under the category of OBC(W.Exsm), was not declared selected against the said category. A list of candidates selected is as under:

6. Perusal of the final result declared by the Controller of Examinations for the post in question (Annexure P-6), clearly reveals that respondents Nos. 5 and 6, who had applied against the post of OBC (W.Exsm) and SC (W.Exsm), secured 49 and 43.80 marks, respectively, whereas, candidates selected against General (W.Exsm) category namely Rajender Kumar, Lalit Kumar, Prakash Chand Katoch and Manoj Kumar, secured 39.80, 41.24, 39.51 and 38.91 marks, respectively.

7. Petitioner before this Court is a candida