The West Bengal State Electricity Transmission Co. Ltd & Ors. vs Dipendu Biswas & Ors.

Held: Post earmarked for special (horizontal) reservation under the Unreserved category will be open to every candidate possessing the attribute or character of the special (horizontal) reservation – Thus, if the Unreserved/Open post is meant for the special category of Persons with Disabilities, it means that the said post will be open to all candidates of all vertical social categories, whether SC, ST or OBC, provided such candidates are also Persons with Disabilities – Principle of migration in reservation will be applicable in this scenario also – Even though there are candidates under the Unreserved category who are Persons with Disabilities, if there are more meritorious candidates belonging to any of the social categories like SC, ST or OBC who are also Persons with Disabilities, such more meritorious persons from the SC, ST or OBC category can be appointed against the Unreserved quota meant for Person with Disabilities by virtue of merit – Horizontally reserved post of PWD-LV falling under the Unreserved category can be filled by any PWD-LV candidate belonging to any social reserved category, as this post of PWD-LV under the Unreserved category is also open to all PWD-LV candidates belonging to any social reserved category – Any candidate belonging to any social category can compete for this post so long as they belong to the PWD-LV category – Principle of mobility will also apply when filling the said post of UR (PWD-LV) – Only condition attached to this Unreserved/Open category is that it is meant only for candidates belonging to the horizontal PWD-LV category, i.e., it is specially reserved for persons who are categorised as PWD-LV – Unreserved post/vacancy for PWD-LV is available and open to all, irrespective of the social category they may belong to, provided they also belong to the same special category of PWD-LV – As the said post falls under the Unreserved category, it is to be filled up purely on merit – Merit is the co-attendant and inseparable attribute of appointment to any post under the “Unreserved” category – As a consequence, every person belonging to any social reserved category, can compete with others, including those under the “Unreserved” category and can be appointed against such Unreserved post, so long as they belong to the special PWD-LV category, as it is the condition that the post under the Unreserved category is reserved for the horizontal category of PWDLV – Recruitment notification cannot be read to insist that so long as any PWD-LV candidate under the Unreserved category is available, there will be an absolute bar to consider any other meritorious PWD-LV candidate belonging to any of the social reserved categories and only such Unreserved category PWD-LV candidate can be appointed irrespective of the merit – Such an interpretation, as adopted by the Division Bench, flies in the face of the well-settled principle of law for filling up Unreserved posts and law of migration – Less meritorious PWD-LV candidate under the Unreserved category has to give way to the claim of a more meritorious PWD-LV candidate from any other reserved social categories for the said post of UR (PWD-LV), as was correctly held by the Single Bench – Any contrary view would be patently arbitrary being opposed to the equality clause under Articles 14 and 16 – Condition in the recruitment notification would mean that even though qualified PWD-LV candidates under the Unreserved category may be available, if there is a PWD-LV candidate belonging to other social reserved category available who is better in merit than the Unreserved PWD-LV candidate available, the said post is to be filled up by the more meritorious reserved PWD-LV candidate by ignoring the claim of the less meritorious Unreserved candidate by virtue of merit – Qua a vacancy/post under “Unreserved” category for the PWD-LV candidates, all PWD-LV candidates are equal and have similar rights even if they belong to different social reserved categories, and the most meritorious amongst them has to be preferred – Thus, the Respondent No. 3 was adjusted against the PWD-LV vacancy in the Unreserved category by virtue of his merit, as he was more meritorious than anyone else including the respondent No. 1 in the Unreserved category – Furthermore, respondent No. 3, though, was more meritorious than the respondent No. 1 had not availed any relaxation qua the essential qualifications for the said post of UR (PWD-LV) – Division Bench misunderstood the implication of the said condition in the recruitment notification – Thus, the impugned judgment and order passed by the Division Bench set aside, restoring the decision of the Single Bench. [Paras 27, 28, 30, 31, 38-50] Reservation – Law relating to reservation – Filling up of unreserved vacancies by reserved candidates – Reservations classified into two categories-vertical and horizontal – Interrelationship between two kinds of reservations – Explained. [Paras 20-22]