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Supreme Court of India

REKHA SHARMAversusTHE RAJASTHAN HIGH COURT, JODHPUR & ANR.

Citation
2024 INSC 615
Decided
21 August 2024
Disposal
Dismissed

Holding

The reservation for persons with benchmark disabilities is an overall horizontal reservation under Article 16(1), and the respondents were not required to publish separate cut‑off marks; therefore the High Court's orders are lawful.

Summary

The Rajasthan High Court advertised 120 vacancies for Civil Judges and published cut‑off marks for each category except the Persons with benchmark disabilities. Appellants Rekha Sharma (40% visual disability) and Ratan Lal (55% locomotor disability) applied under the disabled category, appeared for the Preliminary Examination, and were declared unsuccessful; they challenged the omission of a separate cut‑off mark as discriminatory. The Supreme Court examined whether the reservation for persons with disabilities is a horizontal reservation under Article 16(1) and whether the advertisement or the Rules required a distinct cut‑off for that category. It held that the reservation is an overall horizontal reservation, not compartmentalised, and that candidates must meet the cut‑off of the vertical category in which they applied, making a separate cut‑off unnecessary. The Court found no violation of Articles 14, 16, or 21, nor of the Rajasthan Judicial Services Rules, 2010 or the Rights of Persons with Disabilities Rules, 2018. Consequently, the appeals were dismissed.

Issues considered

  • Whether the High Court erred in not publishing separate cut‑off marks for the category of Persons with benchmark disabilities in the Preliminary Examination results.
  • Whether the reservation for persons with disabilities constitutes an overall horizontal reservation under Article 16(1) and if the omission of a distinct cut‑off violates constitutional rights or statutory provisions.

Legislation cited

Subjects

Disabled categoryPersons with benchmark disabilitiesCut off marks for the category of Persons with benchmark disabilitiesNon-fixation of cut off marks for the category of persons with benchmark disabilityRights of Persons with DisabilitiesCadre of Civil JudgeSelection processPreliminary examinationCompartmentalised Horizontal ReservationOverall Horizontal ReservationRecruitment processHorizontal ReservationVertical reservationReservation for women (widow or divorcee)Compartmentalised reservationOverall reservationVertical (Social) ReservationsSpecial reservationSocial/Vertical reservations

Judgment

                  [2024] 8 S.C.R. 488 : 2024 INSC 615

                           Rekha Sharma
                                 v.
              The Rajasthan High Court, Jodhpur & Anr.
                       (Civil Appeal No. 5051 of 2023)
                                21 August 2024
           [Bela M. Trivedi* and Satish Chandra Sharma, JJ.]

                           Issue for Consideration
       The High Court while declaring the result of Preliminary Examination
       for the post of the cadre of Civil Judge, showed the cut off marks
       for each of the categories mentioned in the advertisement, however
       did not show the cut off marks for the category of Persons with
       benchmark disabilities. Issue arose as to the legality of the action
       of the High Court.

                                  Headnotes†
       Constitution of India – Art. 16 (1), (4) – Reservation for the
       persons with disabilities – Direct recruitment to the cadre
       of Civil Judge – Appellants, suffering from disabilities
       participated in the selection process under the disabled
       category and were declared unsuccessful in Preliminary
       examination – In the results declared, the cut off marks shown
       for each of the categories mentioned in the advertisement,
       however did not show for the category of persons with
       benchmark disabilities – Aggrieved thereagainst, writ petition
       by the appellants, dismissed by the High Court – Legality of:
       Held: No illegality or infirmity in the impugned judgments and
       orders passed by the High Court – Candidates who consciously
       took part in the process of selection cannot be permitted to
       question the advertisement or the methodology adopted by the
       respondents for making selection, on their having been declared
       as unsuccessful in the Preliminary Examinations – Reservation
       for the persons with disabilities has been treated as Horizontal
       Reservation-reservation under Clause (1) of Art. 16, and not the
       Vertical reservation-reservation under Clause (4) of Art. 16 –
       Reservation in favour of the Persons with disabilities was an
       Overall Horizontal Reservation and was not compartmentalised

* Author
[2024] 8 S.C.R.                                                          489

      Rekha Sharma v. The Rajasthan High Court, Jodhpur & Anr.


     reservation – Respondents-High Court have declared the cut off
     marks for the persons falling under Compartmentalised Horizontal
     Reservation and not for the Overall Horizontal Reservation under
     which the appellants fall – Persons with benchmark disabilities
     for being adjusted in the category for which he or she had
     applied, had to secure the minimum cut off marks fixed for such
     category under which he or she had applied – Such fixation
     of cut off marks for other categories and non-fixation of cut off
     marks for the category of persons with benchmark disability
     could neither be said to be arbitrary nor violative of any of the
     fundamental rights of the appellants – Furthermore, nothing in
     the advertisement, Rules of 2010 under which the recruitment
     process was undertaken, also none of the notifications or
     amendment in the RJS Rules, 2010 make it mandatory on part
     of the respondents to declare separate cut off marks for the
     Persons with benchmark disabilities – No provision either in the
     Act of 2016 or in the Rules of 2018 could be said to have been
     violated by the respondents by not fixing the cut off marks for
     the Persons with benchmark disabilities – Respondents thus,
     rightly showed the cut off marks for all the categories except for
     the category of persons with benchmark disabilities – Rights of
     Persons with Disabilities Act, 2016 – Rajasthan Rights of Persons
     with Disabilities Rules, 2018 – Rajasthan Judicial Services Rules,
     2010 – Judiciary. [Paras 8-12, 15-17]
     Constitution of India – Art.16 – Reservation – Horizontal
     Reservation – Overall reservations and Compartmentalised
     reservations – Concept of:
     Held: Horizontal Reservation is of two types-Compartmentalised
     Horizontal Reservation and Overall Horizontal Reservation – Under
     Compartmentalised Horizontal Reservation, the proportionate
     vacancies are reserved in each vertical reserved category –
     However, in case of Overall Horizontal Reservation, the
     Reservation is provided on the total post advertised i.e. such
     reservation is not specific to each vertical category – Where the
     seats reserved for the Horizontal Reservations are proportionately
     divided amongst the Vertical (Social) Reservations and are not
     intertransferable, it would be a case of Compartmentalised
     Reservations, whereas in the Overall Reservation, while allocating
     the special reservation candidates to their respective social
490                                                          [2024] 8 S.C.R.

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       reservation category, the Overall Reservation in favour of special
       reservation categories has to be honoured – Thus, the Special
       reservations cannot be proportionately divided among the Vertical
       (Social) reservation categories, and the candidates eligible for
       special reservation categories have to be provided overall seats
       reserved for them, either by adjusting them against any of the
       Social/Vertical reservations or otherwise, and thus they are
       intertransferable. [Paras 9, 14]

                               Case Law Cited
       Indra Sawhney & Others v. Union of India and Others [1992]
       Suppl. 2 SCR 454 : (1992) Supp. 3 SCC 217; Anil Kumar
       Gupta and Others v. State of U.P. and Others [1995] Suppl. 2
       SCR 396 : (1995) 5 SCC 173 – referred to.

                                 List of Acts
       Rajasthan Judicial Services Rules, 2010; Rajasthan Rights of
       Persons with Disabilities Rules, 2018; Constitution of India.

                              List of Keywords
       Disabled category; Persons with benchmark disabilities; Cut off
       marks for the category of Persons with benchmark disabilities;
       Non-fixation of cut off marks for the category of persons with
       benchmark disability; Rights of Persons with Disabilities; Cadre
       of Civil Judge; Selection process; Preliminary examination;
       Compartmentalised Horizontal Reservation; Overall Horizontal
       Reservation; Recruitment process; Horizontal Reservation;
       Vertical reservation; Reservation for women (widow or divorcee);
       Compartmentalised reservation; Overall reservation; Vertical
       (Social) Reservations; Special reservation; Social/Vertical
       reservations.

                             Case Arising From
       CIVIL APPELLATE JURISDICTION: Civil Appeal No.5051 of 2023
       From the Judgment and Order dated 06.04.2022 of the High Court
       of Judicature for Rajasthan at Jaipur in DBCWP No.1868 of 2022
       With
       Civil Appeal No. 5052 of 2023
[2024] 8 S.C.R.                                                         491

      Rekha Sharma v. The Rajasthan High Court, Jodhpur & Anr.


                        Appearances for Parties
     Sridhar Potaraju, Sr. Adv., Sudhanshu S. Pandey, Gaichangpou
     Gangmei, Ishat Singh, Ms. Nisha Pandey, Aayush, Maitreya Mahaley,
     Lalit Mohan, Yimyanger Longkumer, Ms. Niharika Singh, Sai Swaroop,
     Sameer Shrivastava, Ms. Yashika Varshney, Dr. Sangeeta Verma,
     Advs. for the Appellant.
     Ms. Pinky Anand, Sr. Adv., Samrat Pasricha, Ms. Saudamini
     Sharma, Ms. Asees Jasmine Kaur, Mukul Kumar, Advs. for the
     Respondents.
                Judgment / Order of the Supreme Court

                                Judgment
     Bela M. Trivedi, J.
1.   Both the appeals having common question of law and facts
     were heard together and are being decided by this common
     judgment.
2.   The facts in nutshell are that the respondent High Court had issued
     an advertisement for the direct recruitment of 120 posts of Civil
     Judge and Judicial Magistrate under the Civil Judge Cadre. The
     appellant-Ms. Rekha Sharma, having 40% permanent disability in
     relation to her eyes, had applied for the said post. The appellant-
     Ratan Lal having locomotor disability i.e. 55% permanent physical
     impairment in relation to his right upper limb, had also applied for
     the said post. Both having appeared in the Preliminary Examination
     were declared “not successful.” As per the result declared on
     11.01.2022, the cut off marks in respect of every category mentioned
     in the advertisement were shown except the cut off marks for the
     category of Persons with benchmark disabilities.
3.   Being aggrieved by the said result, the appellant-Ratan Lal (in C.A. No.
     5052/2023) had preferred D.B. Civil Writ Petition No. 1436 of 2022,
     which came to be dismissed by the High Court vide the judgment and
     order dated 02.03.2022. The appellant-Rekha Sharma (in C.A. No.
     5051/2023) had also filed D.B. Civil Writ Petition No. 1868 of 2022
     which came to be dismissed by the High Court vide the order dated
     06.04.2022 relying upon the judgment dated 02.03.2022 passed in
     Writ Petition No. 1436 of 2022.
492                                                          [2024] 8 S.C.R.

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4.     The bone of contention raised by the learned counsels appearing
       for both the appellants in the instant appeals is that the respondents
       while declaring the result of Preliminary Examination showing the cut
       off marks for each of the categories mentioned in the advertisement
       in question, had not shown the cut off marks for the category of
       Persons with benchmark disabilities. According to them, the said
       action of the respondents was discriminatory and violative of their
       Fundamental Rights enshrined in Article 14, 16 and 21 of the
       Constitution of India, and also violative of the Rajasthan Judicial
       Service Rules, 2010 read with Rajasthan Rights of Persons with
       Disabilities Rules, 2018.

5.     According to the learned Senior Counsel Ms. Pinky Anand
       appearing for the respondents, the appellant-Rekha Sharma
       having obtained 57 marks in the EWS category for which the cut
       off marks were 69 marks, and the appellant-Ratan Lal having
       secured 59 marks in the OBC-NCL category for which the cut
       off marks were 67 marks, were found to be not qualified for
       appearing in the Main Examination. She further submitted that
       the entire selection process was over on 30.08.2022 and the
       appointments of successful candidates have already been made
       by the respondents on 09.03.2023. The fresh advertisement
       for the vacancies of 2022-2024 was issued on 09.04.2024 and
       the result of the Preliminary Examination in respect of the said
       advertisement has also been declared on 15.07.2024.

6.     Before dealing with the rival contentions raised by the learned
       counsels for the parties, let us refer to the relevant paragraphs of
       the advertisement dated 22.07.2021 in question.

            “1. The Rajasthan High Court, Jodhpur under the Rajasthan
            Judicial Service Rules, 2010 (As amended) is inviting
            online application in the prescribed online format for direct
            recruitment on 120 vacant posts (89 posts of 2020 and
            31 posts of 2021) of Civil Judge and Judicial Magistrate
            under the Civil Judge Cadre on probation at the pay scale
            of 27700-770-33090-920-40450-1080-44770.

            2-3…………..
[2024] 8 S.C.R.                                                                                      493

      Rekha Sharma v. The Rajasthan High Court, Jodhpur & Anr.


           4. Number of Vacant Posts and Reservations: -

           Total     Year    General                   Reserved                        Persons
           no. of                                                                      with
           vacancies                                                                   benchmark
                                                                                       disabilities
                                       SC      ST       OBC       EWS       MBC
           89        2020    35 out   14 out   10 out   18 out   08 out     04 out     Out of 89
                     (upto   of which of which of which of which of which   of which   vacancies
                     Dec.    10 posts 04 posts 03 posts 05 posts 02 post    01 post    04 posts
                     2020)   for      for      for      for      for        for        for persons
                             women women women women women                  woman      with
                             out of   out               out                            benchmark
                             10 posts of 04             of 05                          disabilities
                             02 posts posts 01          posts 01
                             reserved post for          post for
                             for      widow             widow
                             widow
           31        2021    14 out   04 out   03       06 out   03         01         Out of 31
                     (upto   of which of which          of which                       vacancies,
                     Dec.    04 posts 01 post           01 post                        01 post for
                     2021)   for      for               for                            persons
                             women woman                woman                          with
                             out of                                                    benchmark
                             4 posts                                                   disabilities
                             01 post
                             reserved
                             for
                             widow


           *Out of 05 posts reserved for persons with Benchmark
           Disabilities, 01 (one) post is reserved for blindness and
           low vision, 01 (one) for deaf and hard of hearing, 01
           (one) for locomotor disability including cerebral palsy,
           leprosy cured, dwarfism, acid attack victim and muscular
           dystrophy and 02 (two) for autism, intellectual disability,
           specific learning disability and mental illness and multiple
           disabilities from amongst persons under clause (a) to
           (d) including deaf blindness in the posts identified for
           each disabilities.
           5. In relation to reservation in various categories: -
           i. The reservation in the reserved post for women (widow
           or divorcee) shall be category wise horizontal in the
           vacant posts, which means that the category (Scheduled
           Caste/Scheduled Tribes/Other Backward Class/Extremely
           Backward Class/ Economically Weaker Sections/General
494                                                    [2024] 8 S.C.R.

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       Category) of woman applicant selected will be adjusted
       in the same category for which she filed application.
       ii. The reservation for the handicapped shall be horizontal
       against the total vacant posts, which means that category
       (Scheduled Caste/Scheduled Tribes/Other Backward
       Class/ Extremely Backward Class/ Economically Weaker
       Sections/General Category) of handicapped applicant
       selected will be adjusted in the same category for which
       he filed application.
       iii. In case candidates for Scheduled Caste/Scheduled
       Tribes/Other Backward Class/ Extremely Backward
       Class/ Economically Weaker Sections/Women (Widow or
       divorcee)/handicapped of Rajasthan State is not available
       then these posts shall be filed as per the procedure and
       customs of the Rajasthan Judicial Service Rules, 2010.
       iv. For selection to the post of general category, the
       candidates of reserved category should be eligible like
       the candidates of general category.
       6-14 ----------
       15. Scheme & Syllabus of Examination: -
       (1) The competitive examination for the recruitment to the
       post of Civil Judge shall be conducted in two stages, i.e.,
       Preliminary Examination and Main Examination. The marks
       obtained in the Preliminary Examination by the candidate
       who are declared qualified for admission to the Main
       Examination will not be counted for determining final merit.
       (2) The number of candidate to be admitted to the Main
       Examination will be fifteen times the total number of
       vacancies (category-wise) but in the said range all those
       candidates who secure the same percentage of marks on
       the last cut-off will be admitted to the main examination.
       Note: - To qualify for Main Examination, the candidates of
       SC/ST category shall have to secure minimum 40% marks
       and candidates of all other categories shall have to secure
       45% minimum marks in the Preliminary Examination.
[2024] 8 S.C.R.                                                          495

      Rekha Sharma v. The Rajasthan High Court, Jodhpur & Anr.


           (3) The number of candidates to be admitted to the interview
           shall be, as far as practicable three times the total number
           of vacancies category-wise.
           Provided that to qualify for interview, a candidate shall
           have to secure a minimum of 35% marks in each of the
           law papers and 40% marks in aggregate in the Main
           Examination.
           Provided further that a candidate belonging to Scheduled
           Caste or Scheduled Tribe category, shall be deemed to
           be eligible for interview, if he has obtained minimum of
           30% marks in each of the law papers and 35% marks in
           the aggregate in the Main Examination.
           (4) It shall be compulsory to appear, in each and every
           paper of written test, as also before the lnterview Board
           for viva voce. A candidate, who has failed to appear in
           any of the written paper or before the board for viva voce
           shall not be recommended for appointment.
           (5) The examination scheme for recruitment to the cadre
           of Civil Judge shall consist of :
           l. Preliminary Examination (Objective Type)
           ll. Main Examination (Subjective Type)
           lll. Interview……”
7.   As per the notice dated 11.01.2022 declaring the result of the
     Preliminary Examination held on 28.11.2021, the respondents had
     mentioned the following cut off marks for the respective categories
     mentioned in the advertisement.
                                    Cut-off Marks

                          Category             Cut Off Marks
                           General                   72
                     General (Divorcee)              58
                      General (Widow)                45
                               SC                    55
                       SC (Divorcee)                 39
496                                                             [2024] 8 S.C.R.

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                                ST                       53
                            OBC-NCL                      67
                      OBC-NCL (Divorcee)                 63
                       OBC-NCL (Widow)                   46
                            MBC-NCL                      46
                               EWS                       69

8.     Though the Learned Counsels for the appellants have strenuously
       urged that it was incumbent on part of the respondents to show
       the cut off marks for the category of Persons with benchmark
       disabilities, particularly when the cut off marks for each of the
       categories mentioned in the advertisement in question were shown,
       it is difficult to accept the said submissions. Apart from the fact that
       the appellants having participated in the Selection Process in respect
       of the advertisement in question and having failed to succeed in the
       Preliminary Examination, had filed the writ petitions in the High Court,
       the appellants have also failed to substantiate their contention that
       it was incumbent on part of the respondents to fix the cut off marks
       for the category of Persons with benchmark disabilities. As could
       be seen from the advertisement itself, the reservation in favour of
       the Persons with disabilities was an Overall Horizontal Reservation
       and was not compartmentalised reservation, because out of the total
       vacancies mentioned in the advertisement, five posts were reserved
       for the Persons with benchmark disabilities.
9.     It is quite well settled that the Horizontal Reservation is of two
       types: - (i) Compartmentalised Horizontal Reservation, and (ii)
       Overall Horizontal Reservation. The Compartmentalised Horizontal
       Reservation is such wherein the proportionate vacancies are reserved
       in each vertical reserved category. However, in case of Overall
       Horizontal Reservation, the Reservation is provided on the total post
       advertised i.e. such reservation is not specific to each vertical category.
       As per the advertisement dated 22.07.2021, the vacancies in case
       of women candidates were classified/identified for each category i.e.
       General, OBC, SC, ST, MBC whereas for the Persons with benchmark
       disabilities, no such vacancies were mentioned in the said categories.
       Further, in the three-tier process of the Examination Scheme, the
[2024] 8 S.C.R.                                                        497

      Rekha Sharma v. The Rajasthan High Court, Jodhpur & Anr.


     number of candidates to be admitted to the Main Examination were
     fifteen times the total number of vacancies (category wise) and the
     candidates had to qualify themselves by securing the minimum
     percentage of marks fixed for each of the categories in the Preliminary
     Examination. Therefore, the Persons with benchmark disabilities
     falling under the Overall Horizontal Reservation had to qualify for
     the Mains Examination by securing minimum cut off marks fixed for
     the concerned category in which he/she had applied.
10. Apart from the fact that there was nothing provided in the advertisement
    for the fixation of cut off marks for the Persons with benchmark
    disabilities, who fall under the Overall Horizontal Reservation, the
    learned counsels for the appellant have also failed to point out
    from the Rajasthan Judicial Services Rules, 2010 under which the
    recruitment process was undertaken, that such fixation of cut off
    marks for the Persons with benchmark disabilities was mandatory.
    The reliance placed by the learned counsels for the appellants on the
    notification dated 14.10.2021 issued by the Rajasthan Government
    is also not helpful to them in as much as the said notification was
    given effect to, in the notification dated 16.04.2024 amending the
    RJS Rules, 2010, providing relaxation in age and concession of 5%
    in marks in favour of Persons with benchmark disabilities. None of
    the said notifications or amendment in the RJS Rules, 2010 make
    it mandatory on part of the respondents to declare separate cut off
    marks for the Persons with benchmark disabilities.
11. It cannot be gainsaid that the said Act of 2016 is a social legislation
    enacted for the benefit of the Persons with disabilities and its
    provisions must be interpreted in order to enhance its objectives,
    so that the Persons with disabilities enjoy the right to equality, life
    with dignity and respect for his or her integrity equally with others
    as contemplated under the Act. However, there is no such provision
    either in the said Act of 2016 or in the Rules of 2018 framed by the
    State of Rajasthan, which could be said to have been violated by
    the respondents by not fixing the cut off marks for the Persons with
    benchmark disabilities.
12. Undisputedly, the reservation for the Persons with disabilities has
    been treated as Horizontal Reservation i.e. the reservation under
    Clause (1) of Article 16, and not the Vertical reservation i.e. the
498                                                          [2024] 8 S.C.R.

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       reservation under Clause (4) of Article 16 of the Constitution of
       India. In the case of Indra Sawhney & Others vs. Union of India
       and Others1 the concept of “Vertical Reservations” and “Horizontal
       Reservations” has been aptly explained. The relevant paragraph
       812 thereof reads as under: -
            “812. 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
            interlocking 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 SC category he will be placed in that quota by
            making necessary adjustments; similarly, if he belongs to
            open competition (OC) 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 out in several States and
            there is no reason not to continue that procedure.”
13. Thus, in view of the said clarification made in Indra Sawhney, there
    remains no doubt that the reservation for persons with disabilities
    would be relatable to Clause (1) of Article 16 and the persons


1   [1992] Supp. 2 SCR 454 : 1992 Supp. (3) SCC 217
[2024] 8 S.C.R.                                                      499

      Rekha Sharma v. The Rajasthan High Court, Jodhpur & Anr.


     selected against this quota will be placed in appropriate category
     i.e. if he/she belongs to Scheduled Category, he/she will be placed
     in that category by making necessary adjustments, and if he/she
     belongs to open category, necessary adjustments will be made in
     the open category.
14. The concept of Overall Reservations and Compartmentalised
    Reservations is also aptly explained by this Court in Anil Kumar
    Gupta and Others vs. State of U.P. and Others.2 It has been
    observed therein that where the seats reserved for the Horizontal
    Reservations are proportionately divided amongst the Vertical
    (Social) Reservations and are not intertransferable, it would be a
    case of Compartmentalised Reservations, whereas in the Overall
    Reservation, while allocating the special reservation candidates to
    their respective social reservation category, the Overall Reservation
    in favour of special reservation categories has to be honoured.
    Meaning thereby the special reservations cannot be proportionately
    divided among the Vertical (Social) reservation categories, and the
    candidates eligible for special reservation categories have to be
    provided overall seats reserved for them, either by adjusting them
    against any of the Social/Vertical reservations or otherwise, and thus
    they are intertransferable.
15. As could be seen from the advertisement itself, the reservation for
    women (widow or divorcee) was compartmentalised reservation,
    whereas the reservation for the persons with benchmark disabilities
    was overall reservation. The respondents therefore in the notice
    declaring result of Preliminary Examination had rightly shown
    the cut off marks for all the categories except for the category of
    persons with benchmark disabilities. The Persons with benchmark
    disabilities for being adjusted in the category for which he or she
    had applied, had to secure the minimum cut off marks fixed for such
    category under which he or she had applied. Such fixation of cut
    off marks for other categories and non fixation of cut off marks for
    the category of persons with benchmark disability could neither be
    said to be arbitrary nor violative of any of the Fundamental Rights
    of the appellants.


2   [1995] Suppl. 2 SCR 396 : (1995) 5 SCC 173
500                                                         [2024] 8 S.C.R.

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16. As well settled, the candidates who consciously took part in
    the process of selection cannot be permitted to question the
    advertisement or the methodology adopted by the respondents for
    making selection, on their having been declared as unsuccessful in
    the Preliminary Examinations. The appellants after they having found
    that their names do not appear in the list of successful candidates
    of Preliminary Examination, could not have questioned the result on
    the ground that the respondents had not declared the cut off marks
    for the Persons with benchmark disabilities. As stated earlier, the
    respondents have declared the cut off marks for the persons falling
    under Compartmentalised Horizontal Reservation and not for the
    Overall Horizontal Reservation under which the appellants fall. Such
    action could neither be said to be arbitrary nor violative of Article 14,
    16 and 21 of the Constitution of India.
17. In that view of the matter, we do not find any illegality or infirmity
    in the impugned judgements and orders passed by the High Court.
    Both the appeals are dismissed accordingly.

       Result of the case: Appeals dismissed.



       †
           Headnotes prepared by: Nidhi Jain


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REKHA SHARMA versus THE RAJASTHAN HIGH COURT, JODHPUR & ANR. — 2024 INSC 615 - Legal Desk AI