A Full Bench of Allahabad High Court comprising of Hon’ble Mrs. Justice Sunita Agarwal, Hon’ble Mr. Justice Ashwani Kumar Mishra and Hon’ble Mr. Justice Dr. Y.K. Srivastava, in the case of Ajay Kumar vs State of U.P. and Others (Writ A No.40695 of 2005) considered the aspect of correct method of application of Horizontal Reservation. The bench formulated the following questions for its consideration:
“(a) Whether the judgment and order of the Division Bench in the case of Rajeev Kumar (supra) insofar as it lays down that “the reservation has to be spread evenly for the representation of female category candidates to the extent of minimum of 20 percent each category”, is the correct principle of law in the matter of application of horizontal reservation with reference to the provisions applicable in the State of U.P. or not?
(b) Whether the application of horizontal reservation has to be affected in terms of the Division Bench judgment of this Court in the case of Sheo Shankar Singh (supra) and Brijendra Deo Mishra (supra), referred to above, or the reservation has to be applied compartmentalized, as has been suggested in the case of Rajeev Kumar (supra)?
(c) What should be the mechanism for application of horizontal reservation in respect of various categories provided therein namely women, dependents of freedom fighter, physical handicapped etc. in the State of U.P.?”
The Full bench answered the reference as follows:
(i) The observations in Anil Kumar Gupta (2007) 10 SCC 800 in paragraph no.’17’ & ’18’ are followed and reiterated to hold that the method of implementation of horizontal reservation in favour of women in the State of U.P. shall be a “compartmentalized horizontal reservation” in the manner stated above, so as to avoid any complication and intractable problems in future.
(ii) The method of compartmentalization or proportionate representation by dividing seats reserved for women candidates amongst the vertical (social) categories being in watertight compartment and not inter-transferable, shall be the rule and “Overall” method of implementation at the last stage of filling the short fall shall be the exception, which can be applied in a particular selection, after taking a conscious decision by the State by notifying for application of the said method, being “Overall”, in the advertisement itself.
(iii) At the first and second stages of preparation of the merit lists of social categories, there will be one method only which is “Overall” calculation of seats secured by women candidates, (to the extent of 20% of the total vacancies), irrespective of their social categories. As occasion to apply women reservation, by displacement of male candidates in a selection will arise only after the said two stages are over and in the event there is short fall.