Horizontal Reservation Unfilled Vacancies Cannot Be Carried Forward, Must Revert to Vertical Category.

The applicant, Naresh Kumar, and others in connected matters, challenged the provisional merit list for Lecturer (PGT) in Physics advertised by the UT Chandigarh Administration.

Advertisement No. 03/2023 dated 17.10.2023 invited applications for 98 posts, including those under General, SC, OBC, EWS, PWD, and ESM categories, with horizontal reservation for ESM and PWD.

The applicant, qualified in M.Sc. Physics and B.Ed., applied for Lecturer (PGT) Physics and appeared in the written examination held between 10.02.2024 to 13.02.2024.

He was placed at Serial No. 3 in the General category merit list for PGT (Physics).

Despite three General category posts being advertised, the respondents, on 29.01.2025, issued a provisional merit list wherein one General category post was kept vacant, marked "ESM-General-1 (Vacant)".

This was done even though no ESM candidate had qualified in the General category for PGT (Physics).

The applicant submitted a representation on 30.01.2025, but no action was taken, leading to the issuance of appointment letters to other candidates, excluding him.

The respondents contended that reservation for Ex-Servicemen extended to Group 'B' (Non-Gazetted) posts through a 04.10.2012 amendment to the 1979 Rules and that unfilled ESM vacancies must be carried forward as per DoPT O.M. dated 12/20.03.1987 and Notification dated 15.12.1979.

They argued that the applicant applied after accepting these terms.

The applicant, however, argued that ESM reservation does not apply to Group 'B' posts like Lecturer (PGT) and cited several DoPT instructions and a Ministry of Defence reply to support this.

He further contended that if horizontal reserved vacancies remain unfilled, they should be filled by suitable candidates from the respective vertical category based on merit, not carried forward.

In OA No. 145/2005 (Anuradha), the applicant was at Sr. No. 1 in the waiting list for a General Category post, and a previously selected candidate for the 5th seat was declared ineligible, making the applicant next in line.

1. Whether the respondents were justified in keeping one General Category post of Lecturer (PGT) Physics vacant by tagging it with ESM (Ex-Servicemen) horizontal reservation and carrying it forward, despite no ESM candidate qualifying in the written examination and the post being a Group 'B' post.

2. Whether the horizontal reservation for ESM applies to Group 'B' posts like Lecturer (PGT).

3. Whether unfilled horizontal reservation vacancies can be carried forward in a manner that displaces or withholds a post from the open merit category.

The court primarily applied the principles of horizontal and vertical reservation as elucidated by the Hon'ble Supreme Court.

It relied on Saurav Yadav and Others vs. State of Uttar Pradesh and Others, 2021 AIE SCC 213, which established that horizontal reservations cannot be carried forward if appropriate candidates are unavailable, and the open category is filled based on merit.

Further, Jitendra Kumar Singh and Another vs. State of U.P. and Others reiterated that there is no concept of carry forward for unfilled horizontal reservation vacancies, and such posts must be filled from the respective vertical category on merit.

The Punjab & Haryana High Court's decision in Balwan Singh and Another vs. State of Haryana, 2021 (4) SCT 271, and the Allahabad High Court's ruling in Upendra and Others vs. State of U.P. and Others, 2018 (7) ADJ 37, further affirmed that horizontal reservation does not create rigid compartments, and unfilled posts revert to the vertical category, with no carry forward that displaces meritorious candidates.

The Tribunal also referred to its own prior decision in Meenakshi vs. Union Territory, Chandigarh and Others, OA No. 060/269/2016 decided on 04.05.2018, which held that unfilled horizontal reservation posts revert to the respective vertical category.

The Tribunal found that the respondents' action of keeping one General Category post vacant for ESM was illegal and unsustainable.

Applying the principles from Saurav Yadav and Jitendra Kumar Singh, the court emphasized that horizontal reservations are not rigid slots and cannot be carried forward in a way that disturbs the open merit list.

Since no ESM candidate qualified for Lecturer (PGT) Physics, the respondents could not withhold a General Category seat and carry it forward as "Gen-ESM".

The Tribunal noted that even if ESM horizontal reservation applied to Group 'B' posts, carrying forward the unfilled vacancy and denying appointment to the next meritorious General Category candidate is impermissible.

The court rejected the respondents' reliance on DoPT O.M. dated 20.03.1987 and notification dated 15.12.1979 for carry-forward, stating that these instructions cannot override the constitutional interpretation provided by the Hon'ble Supreme Court.

In the case of Anuradha, the court found the respondents' plea of keeping a General category post vacant for ESM arbitrary, especially as the vacancy arose from a previously selected General category candidate being declared ineligible.

The Tribunal reiterated that unfilled horizontal posts must revert to the respective vertical category and be filled on merit.

There is no concept of carry forward for unfilled horizontal reservation vacancies that deprives a meritorious candidate of the open category.

The applicant, being next in merit in the General Category, is entitled to be considered and appointed against the said post.

Accordingly, the action of the respondents to keep the post vacant is quashed and set aside.

The respondents are directed to consider the applicant(s) for appointment to the post of Lecturer (PGT) Physics/Political Science/Punjabi/Mathematics (as the case may be) against the said General Category post in accordance with their merit position and, if found otherwise eligible, issue an appointment order within eight weeks from the date of receipt of the order.

The applicant(s) shall be entitled to notional seniority from the date the next-below candidate was appointed, with actual monetary benefits accruing from the date of joining.

All the Original Applications stand allowed in these terms.