Horizontal reservations in recruitment must adhere to vertical categories and cannot be carried forward, ensuring transparency and adherence to statutory provisions.

This bunch of petitions are filed by two-set of petitioners challenging the Police Constable Recruitment Test, 2020, alleging that while making such recruitment, horizontal compartment wise reservation policy has not been implemented for the Ex-servicemen and similarly, in another set of petitions, it is alleged that posts which were meant for women constables for which advertisement was issued, at least five times of the women candidates should have been called for the second round of selection but, in place of calling five times the number of posts reserved for women under each of the categories meant for vertical reservation, a common list of selection was issued causing inequal treatment to the women candidates.

2. Shri Narinder Pal Singh Ruprah and Shri Dinesh Singh Chauhan, learned counsel for the petitioners have placed reliance on the judgment of the Hon'ble Supreme Court in Cdr Amit Kumar Sharma Vs. Union of India and others, 2022 SCC Online SC 1570, to point out that respondents have not disclosed the cut-off marks under each of the categories and the non-disclosure of relevant material to the affected party and its disclosure in a sealed-cover to the adjudicating authority, sets a dangerous precedent. The disclosure of relevant material to the adjudicating authority in a sealed cover makes the process of adjudication vague and opaque. The disclosure in a sealed cover perpetuates two problems. Firstly, it denies the aggrieved party their legal right to effectively challenge an order since the adjudication of issues has proceeded on the basis of unshared material provided in a sealed cover. The adjudicating authority while relying on material furnished in the sealed cover arrives at a finding which is then effectively placed beyond the reach of challenge. Secondly, it perpetuates a culture of opaqueness and secrecy.

3. Reliance is placed on the provisions contained in Madhya Pradesh Ex- servicemen (Reservation of Vacancies in the State Civil Services and Posts Class III and Class IV) Rules, 1985 (for brevity, ''Rules of 1985'') to submit that that sub-rule (3) of Rule 4, which deals with the reservation of vacancies provides as under:-

''4(3) No vacancy reserved for Ex-servicemen in a post to be filled otherwise than on the results of an open competition examination, shall be filled by the appointing authority by any general candidate, until and unless said authority- (i) has obtained a ''Non-availability Certificate'' from the Employment Exchange (Where a requisition is placed on an Employment Exchange);

(ii) has verified the non-availability of a suitable candidate by reference to the Director General, Resettlement and recorded a certificate to that effect; and (iii) has obtained approval of the State Government.''

4. Therefore, it is submitted that the posts which were meant for Ex- servicemen could not have been diverted to the General category candidates or the candidates of different categories where the horizontal reservation for Ex- servicemen is provided.

5. Reliance is also placed on the judgment of Hon'ble Supreme Court in Security Association of India and another Vs. Union of India and others, (2014) 12 SCC 65 and reading first two lines of para 51 of the said judgment, it is submitted that Hon'ble Supreme Court has held that ''It is evident from the above that the subject-matters of the two acts are substantially different and the conflict in the operation of the two Acts is incidental.''

6. Thus, it is pointed out that even if reservation in promotion or the scheme of recruitment provides for not carrying forward the post meant for women candidates or for Ex-servicemen but, in case of Ex-servicemen in view of the provisions contained in sub-rule (3) of Rule 4 of the Rules of 1985, there could not have been any denial of carry forward of the vacancies meant for Ex- servicemen and they should have been left vacant to be filled from amongst Ex- servicemen only.

7. It is further submitted that if sufficient num