Case Note & Summary
The case pertains to a Miscellaneous Application filed by Ms. Sonam Tomar (OBC-Female) and Ms. Reeta Rani (SC-Female) who participated in the 2013 selection process for Constables in Uttar Pradesh Police. They secured 276.5949 and 233.1908 marks respectively. Their claim for selection was rejected by the State despite directions from the Supreme Court in earlier orders. The background involves a complex selection process where 41,610 posts were advertised, results declared in 2015, and 3295 vacancies remained unfilled. Earlier litigation regarding Sub-Inspector selection (Saket Kumar and Hanuman Dutt Shukla) led to re-working of selection lists, with 4429 candidates who used blades/whiteners being given notional benefit as additional appointments. Subsequently, the High Court in Upendra case held that horizontal reservation vacancies cannot be carried forward, resulting in 2312 vacancies becoming available. The Supreme Court on 24.07.2019 directed the State to fill these 2312 plus 982 vacancies, following reservation principles and merit, and clarified that no candidate shall be excluded for using blade/whitener. The State filed a compliance affidavit on 13.11.2019 showing cut-off marks: for male open category 313.616, for female general category 274.8928. Male OBC/SC/ST candidates securing above 313.616 were selected in open category, but female OBC/SC candidates securing above 274.8928 were not. The applicants argued that they scored higher than the general female cut-off and should be selected in the general category, similar to male reserved category candidates. The State contended that the selection was confined to candidates disqualified for blade/whitener use and that OBC female category was exhausted. The Court prima facie found it unreasonable that general category females with lower marks were appointed while OBC females with higher marks were not. The Court noted that the same yardstick applied to males must apply to females. The Court allowed the application and directed the State to select the OBC female candidates who secured marks above the general female cut-off (274.8928) in the General/Open/Unreserved Category. The Court also directed that the principle of horizontal reservation be applied equally to female candidates.
Headnote
A) Service Law - Police Constable Recruitment - Horizontal Reservation - Candidates from reserved categories (OBC/SC/ST) who secure marks higher than the cut-off for open category male candidates are selected in open category; same principle must apply to female candidates - The State's compliance affidavit showed that male OBC/SC/ST candidates securing more than 313.616 marks were selected in open category, but female OBC/SC candidates securing more than 274.8928 marks (cut-off for General female) were not considered - Held that the same yardstick must be applied to female candidates, and OBC female candidates who scored above the General female cut-off are entitled to be selected in the General Category (Paras 6-8). B) Service Law - Police Constable Recruitment - Blade and Whitener Disqualification - Directions in Hanuman Dutt Shukla - The Court clarified that no candidate shall be excluded merely for using blade or whitener; merit position determines selection - This direction applies to both male and female candidates (Paras 3-4). C) Service Law - Police Constable Recruitment - Carry Forward of Vacancies - Upendra case - The High Court directed that there shall be no carry-forward of horizontal reservation vacancies to next selection; 2312 vacancies thus became available for the current selection process - The State was directed to fill these vacancies along with 982 other vacancies in accordance with law (Para 3).
Issue of Consideration
Whether OBC female and SC female candidates who secured marks higher than the cut-off marks for General Category female candidates are entitled to be selected in the General/Open/Unreserved Category, similar to the treatment given to male candidates from reserved categories.
Final Decision
The Supreme Court allowed the Miscellaneous Application and directed the State to select the OBC female candidates who secured marks above the cut-off for General Category female candidates (274.8928) in the General/Open/Unreserved Category. The Court held that the same principle applied to male candidates must be applied to female candidates, and that horizontal reservation must be implemented uniformly.
Law Points
- Horizontal reservation
- Carry forward of vacancies
- Blade and whitener disqualification
- Merit-based selection
- Open category selection for reserved category candidates
