Nagpur: Granting respite to a woman and ordering her appointment to a government job, Nagpur bench of Bombay high court has observed that in law there’s no reservation category known as ‘open’.
“Seats in the open category can be filled up by considering all candidates, irrespective of their backward class, caste, special class, in accordance with merit,” a division bench comprising justices Sunil Shukre and Rohit Deo said.
Petitioner Shantabai Doifode, who hailed from NT(D) category, had applied for binders’ posts advertised by director of printing and stationary. Of the 10 posts, two were reserved for open category and one for NT(D). After clearing a written test, she was placed lower in merit for NT(D), but was higher in the open (women’s) category.
The director, however, refused her appointment stating that she can’t compete in the open category as it was reserved for those from unreserved communities. He then appointed a male candidate treating the reservation to have lapsed.
She challenged this decision in the Maharashtra Administrative Tribunal (MAT), which too dismissed her case, ruling that reserved category women can’t enter in fray for open category which is meant for those from forward classes.
The petitioner then challenged MAT ruling in HC through counsel Mohan Sudame, contending that open is not a reserved category. “When in an open category, horizontal reservation is provided for females, the category would be available to be filled up from among all women candidates irrespective of their social reservations,” Sudame contended.
Quashing the MAT verdict, the HC directed respondents to consider Doifode’s claim for binder against open category and issue her appointment order within four months. The HC also asked the director to issue a new appointment order for a man, who was appointed on petitioner’s post, in the ex-servicemen’s category.
After referring to various Supreme Court judgments, the judges laid down appropriate course for filling up open, social reservations and horizontal reservations category seats.
“First, open category seats should be filled up among all candidates, irrespective of social reservation categories and on the basis of relative merit. In case, some candidates selected in the open category belong to social reservations, they should not be considered for social reservation category seats. The seats shall be additionally available for being filled up from among candidates belonging to that category, in accordance with inter-se merit.”
The judges said in case special reservation for women, physically handicapped and others is horizontally made within SC, ST and Other Backward Classes (OBC), the first step would be to fill up all seats in respective categories by selecting as per merit.
“The second step would be to find out how many candidates selected in each of the social reservations categories would qualify to fill up seats reserved for special category candidates. If it’s found that candidates already selected also qualify to fill up quota horizontally within such reserved category, there would be no need to disturb the list of selected candidates,” the HC said.
The judges added that when horizontal reservation for women is made within the open category, the seats would have to be filled up by selecting women irrespective of their caste, creed or backward class. “Ideally speaking, horizontal reservations meant for special category persons provided for in terms of Article 16(1) or Article 15(3) should be made within the respective social reservation categories,” they said.