Justice R.M. Sahai [1]
831. In this connection it is well to remember that the reservations under Article 16(4) do not operate like a communal reservation. It may well happen that some members belonging to say, Scheduled Castes get selected in the open competition field on the basis of their own merit; they will not be counted against the quota reserved for Scheduled Castes; they will be treated as open competition candidates.
832. We are also of the opinion that this rule of 50% applies only to reservations in favour of backward classes made under Article 16(4). A little clarification is in order at this juncture : all reservations are not of the same nature. There are two types of reservations, which may, for the sake of convenience, be referred to as ‘vertical reservations’ and ‘horizontal reservations’.
The reservations in favour of Scheduled Castes, Scheduled Tribes, and other backward classes (under Article 16(4) may be called vertical reservations whereas reservations in favour of physically handicapped (under clause (1) of Article 16); can be referred to as horizontal reservations. Horizontal reservations cut across the vertical reservations — what is called inter-lock reservations. To be more precise, suppose 3% of the vacancies are reserved in favour of physically handicapped persons; this would be a reservation relatable to clause (1) of Article 16.
The persons selected against this quota will be placed in the appropriate category; if he belongs to S.C. category he will be placed in that quota by making necessary adjustments; similarly, if he belongs to open competition (O.C.) category, he will be placed in that category by making necessary adjustments. Even after providing for these horizontal reservations, the percentage of reservations in favour of backward class of citizens remains — and should remain – the same This is how these reservations are worked our in several States and there is no reason not to continue that procedure.
833. It is, however, made clear that the rule of. 50% shall be applicable only to reservations proper; they shall not be – indeed cannot he applicable to exemptions, concessions relaxations, if any, provided to ‘Backward Class of Citizens’ under Article 16(4).
[1] This article is an excerpt from the judgment of Indira Sawhney v Union of India 1993 (1) SCT 448