Case Note & Summary
The Supreme Court addressed appeals challenging the High Court's judgment regarding the selection process for Assistant Professors by the Madhya Pradesh Public Service Commission (MPPSC). The controversy arose from the selection process initiated by an advertisement issued on 12.12.2017, leading to a revised Select List that was contested in Writ Petition No. 19126 of 2019. The High Court found that the revised list improperly allocated seats, allowing OBC (Female) candidates to occupy unreserved female seats based on merit, which contradicted the principles of horizontal reservation. The court emphasized that while candidates from reserved categories could be selected based on merit for unreserved positions, horizontal reservations must be strictly compartmentalized. The Supreme Court upheld the High Court's decision, rejecting the second view adopted by the Madhya Pradesh High Court and affirming the first view held by other High Courts, which allowed for merit-based selection within the confines of reservation categories. The court directed the authorities to prepare a fresh Select List in compliance with the established legal principles, ensuring that candidates from reserved categories are allocated seats within their respective categories. The decision reinforced the importance of maintaining the integrity of reservation policies while upholding meritocracy in public employment.
Headnote
A) Constitutional Law - Reservation Principles - Horizontal vs. Vertical Reservation - Section 4(4) of the 1994 Act, Rule 3 of the 1997 Rules - The court clarified that while vertical reservation allows migration based on merit, horizontal reservation is compartmentalized and does not permit such migration. The High Court's ruling was upheld, emphasizing that OBC (Female) candidates must be allotted seats in their own category despite their merit position in the overall list. Held that the revised Select List was quashed and a fresh list must be prepared in accordance with the law (Paras 5-40).
Issue of Consideration
Whether OBC (Female) candidates scoring higher marks than General Category candidates can secure seats in the unreserved female category under horizontal reservation.
Final Decision
The Supreme Court upheld the High Court's decision, quashing the revised Select List and directing the preparation of a fresh list in accordance with the principles of horizontal reservation.
Law Points
- Reservation principles
- horizontal reservation
- vertical reservation
- merit list allocation
- OBC category rights
