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2010 (6) TMI 867 - SC - Indian LawsPublic Service Commission - advertisement inviting applications for 35 posts - stipulation that vacancies may be increased or decreased - reservation in favour of SC/ST/OBC and horizontal reservation in favour of handicapped, and women etc - belonging to Uttaranchal - Facts of the case, The HC accepted the first submission of respondent No.1 after examining the record of selection and came to the conclusion that last selected woman candidate who was given benefit of horizontal reservation for Uttaranchal women had secured marks higher than the last selected candidate in general category. Thus, the said candidate ought to have been appointed against the general category vacancy and respondent No.1 ought to have been offered the appointment giving her the benefit of horizontal reservation for Uttaranchal women. Hence, these appeals. HELD THAT:- Following the decision in case of the Rajesh Kumar Daria Vs. RPS & Ors.[2007 (7) TMI 713 - SUPREME COURT] held that Only if there is any shortfall, the requisite number of Scheduled Caste women shall have to be taken by deleting the corresponding number of candidates from the bottom of the list relating to Scheduled Castes. To this extent, horizontal (special) reservation differs from vertical (social) reservation. Thus women selected on merit within the vertical reservation quota will be counted against the horizontal reservation for women. In view of this, it is evident that the judgment and order of the High Court is not in consonance with law laid down by this Court in Rajesh Kumar Daria. The judgment and order impugned herein is liable to be set aside and all consequential orders become unenforceable and inconsequential. Thus, appeals succeed and are allowed. Judgment and order of the High Court passed in Writ Petition is hereby set aside. No costs.
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