SANJEEV PRAKASH SHARMA, J.

1. The petitioner by way of this Writ Petition filed under Article 226/227 of the Constitution of India for the issuance of a Writ in the nature of mandamus for directing respondents to declare the result of the petitioner after adding his interview marks.

2. The brief background of this case is that the petitioner belongs to the SC (Ravidasia and others) category and also a sports person. He applied for the post of Post Graduate Teacher in the subject of Political Science for which advertisement was issued and he participated in the regular selection process in which the petitioner was placed in the General category on the basis of the marks obtained by him. He was called for the interview but his interview result was not declared and therefore, he preferred the present Writ Petition praying for declaration of his final result and placing him accordingly in the merit and giving him appointment.

3. Learned counsel for the petitioner submits that as per the reply which has been filed by the respondents, it is apparent that the petitioner has been denied consideration for appointment on a completely wrong premise. It is submitted that the petitioner, who is also a sports person, cannot be deprived of his category and as per the reply filed by the respondents, the petitioner has scored 7 marks in the interview out of 10 which was conducted on 12.09.2014.

4. The respondents have stated that there was no category of Scheduled Caste (R&O) Sportsperson under the advertisement dt.27.11.2013 and therefore, petitioner’s candidature was not considered for the post of PGT (Political Science) Lecturer.

5. It is no more res integra that reservations are provided vertical as well as horizontal. The horizontal reservations cut across vertical reservation. Thus, if a person is having benefit of vertical reservation and also required to be given the benefit of horizontal reservation, he may fall independently according to his merit in the vertical placement of his own category. Independent of whether he gets the benefit of the horizontal reservation.

6. There may be cases where a candidate may have a dual benefit namely; vertical reservation benefit as well as the horizontal reservation benefit. While the respondents’ contention may be accepted to the extent that there was no post available for SC (R&O) Sportsperson, and that there was no reservation provided for Sports category which is a horizontal reservation, candidate like the petitioner, who is entitled for benefit of vertical reservation of SC (R&O), cannot be deprived of his consideration for appointment.

7. The action of the respondents in not declaring the final result of the petitioner on the aforesaid basis is found to be wholly unjustified.

8. This Court has also considered the overall merit of the petitioner and it is noticed that the petitioner has scored 57.4492 marks for academic qualification and has scored 7 marks in interview out of 10. Thus, his overall marks reaches to 64.4492.

9. The final result declared for the selection of PGT (Political Science) reflects that the last candidate in the general category has been awarded the total marks of 63.9599. Thus, the petitioner would be higher in merit to the candidate who has been placed at Sr. No.6 in the merit of General category as the petitioner has scored 64.4492 marks.

10. In “R.K. Sabherwal Vs. State of Punjab”; (1995) 2 SCC 745, the Constitution Bench of the Hon’ble Supreme Court has held that if a person from reserved category scores marks over and above than the open category candidate, he would be placed in the open category and the seat of reserved category shall be offered to the next candidate from the said reserved class.

11. The same law has been reiterated time and again, the latest judgement on this aspect has been passed by the Hon’ble Supreme Court in the case of “Saurav Yadav and Others Vs. State of Uttar Pradesh”; 2021(4) SCC 542 wherein the Supreme Court has laid down the manner and method