Case Note & Summary
The Supreme Court dealt with a Miscellaneous Application filed by two female candidates, Sonam Tomar (OBC-Female) and Reeta Rani (SC-Female), who participated in the 2013 UP Police Constable recruitment process and secured 276.5949 and 233.1908 marks respectively. They challenged the State's action of not selecting them despite having marks higher than the cut-off for General Category female candidates (274.8928). The background involved multiple litigations: the Hanuman Dutt Shukla case regarding blade/whitener use, the Ashish Kr. Pandey case on horizontal reservation, and the Upendra case prohibiting carry forward of horizontal reservation vacancies. The Court had earlier directed the State to fill 2312+982 vacancies following reservation principles and not to exclude candidates for blade/whitener use. The State's compliance affidavit showed that male OBC/SC/ST candidates securing above the male General Category cut-off (313.616) were selected in the open category, but the same was not applied to female candidates. The Court found this discriminatory and prima facie unreasonable. The Court allowed the application, directing the State to consider OBC female candidates who scored above the General Category female cut-off for selection in the General Category, applying the same principle as for male candidates. The Court did not address SC female candidates as their counsel conceded no case for them.
Headnote
A) Service Law - Police Constable Recruitment - Horizontal Reservation - Uniform Application of Cut-off Marks - The Court considered whether OBC and SC female candidates who secured marks above the cut-off for General Category female candidates should be selected in the General Category, similar to male candidates. The Court held that the same yardstick must be applied to female candidates, and directed the State to consider OBC female candidates who scored above the General Category female cut-off for selection in the General Category. (Paras 1-10)
B) Service Law - Police Constable Recruitment - Blade/Whitener Use - Non-Disqualification - The Court reiterated that no candidate shall be excluded merely for using blade or whitener, and merit position shall determine selection. (Paras 3, 5)
C) Service Law - Police Constable Recruitment - Carry Forward of Vacancies - Horizontal Reservation - The Court noted that vacancies not filled due to carry forward principle in horizontal reservation must be filled in the current selection process. (Paras 3, 4)
Issue of Consideration
Whether OBC and SC female candidates who secured marks higher than the cut-off for General Category female candidates are entitled to be selected against General Category vacancies, applying the same principle as applied to male candidates.
Final Decision
The Court allowed the Miscellaneous Application and directed the State to consider OBC female candidates who secured marks greater than the cut-off for General Category female candidates (274.8928) for selection in the General Category, applying the same principle as applied to male candidates. The Court did not address SC female candidates as their counsel conceded no case for them.
Law Points
- Horizontal reservation
- Carry forward of vacancies
- Uniform application of cut-off marks across genders
- Benefit of blade/whitener use not to disqualify
Case Details
2020 LawText (SC) (12) 35
Miscellaneous Application No.2641 of 2019 in Special Leave Petition (Civil) No.23223 of 2018
Saurav Yadav & Ors. (Applicants: Sonam Tomar and Reeta Rani)
State of Uttar Pradesh & Ors.
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Nature of Litigation
Miscellaneous Application seeking direction to select OBC and SC female candidates who secured marks higher than the cut-off for General Category female candidates in UP Police Constable recruitment.
Remedy Sought
Direction to the State to select the applicants (OBC/SC female candidates) who participated in the 2013 Constables Recruitment Process and secured higher marks than the cut-off marks for Female Candidates in General/Open/Unreserved Category.
Filing Reason
The State did not consider OBC and SC female candidates for selection in General Category despite them having marks above the General Category female cut-off, while male candidates with similar situation were selected.
Previous Decisions
Order dated 24.07.2019 in I.A. No.10394 of 2018 directed filling of 2312+982 vacancies; Order dated 17.09.2019 clarified no exclusion for blade/whitener use; Compliance affidavit dated 13.11.2019 showed cut-off marks and selection of male OBC/SC/ST candidates above male General Category cut-off.
Issues
Whether OBC and SC female candidates who secured marks higher than the cut-off for General Category female candidates are entitled to be selected against General Category vacancies?
Whether the principle of horizontal reservation requires uniform application of cut-off marks across genders?
Submissions/Arguments
Applicants: OBC and SC female candidates who secured marks above the General Category female cut-off (274.8928) should be selected in General Category, as male OBC/SC/ST candidates above male General Category cut-off (313.616) were selected.
State: The selection was confined to candidates disqualified for blade/whitener use, and OBC female category was already exhausted; hence no appointment could be made from OBC female candidates.
Ratio Decidendi
The principle of horizontal reservation requires that if male candidates belonging to reserved categories (OBC/SC/ST) who secure marks above the General Category cut-off are selected in the open category, the same yardstick must be applied to female candidates. Candidates with higher marks than the General Category cut-off cannot be denied selection merely because their reserved category is exhausted.
Judgment Excerpts
It thus, prima facie does not stand to reason how candidates in the General Category could be appointed who had secured less number of marks than the applicant girls.
The Court held that the same yardstick must be applied to female candidates, and directed the State to consider OBC female candidates who scored above the General Category female cut-off for selection in the General Category.
Procedural History
The selection process for UP Police Constables began in 2013. Multiple litigations ensued regarding blade/whitener use (Hanuman Dutt Shukla), horizontal reservation (Ashish Kr. Pandey, Manoj Kr.), and carry forward of vacancies (Upendra). This Court on 24.07.2019 directed filling of 2312+982 vacancies. The State filed a compliance affidavit on 13.11.2019 showing cut-off marks. The applicants filed this Miscellaneous Application on 20.12.2019 challenging non-selection. I.A. No.25611 of 2019 was filed by similarly situated candidates. Orders dated 04.03.2020 and 22.07.2020 were passed. The present judgment disposes of the application.
