- (1.) WE have heard Sri Siddharth Khare for the appellant. Learned standing counsel appears for State respondents.
(2.) THIS Special Appeal has been filed against the judgment dated 27.04.2011, by which the writ petition was dismissed on the ground that in calculation of reservation of seats for women candidates by way of horizontal reservation, the adjustment has to be made separately, for the vacancies reserved for each of the categories, of vertical reservation.
(3.) LEARNED Single Judge also held that if the Scheduled Caste women candidate is physically disabled, she has to be adjusted in the Scheduled Caste category. A total number of 72 backlog vacancies of Scheduled Caste and 6 vacancies of Scheduled Tribe were advertised for the post of Junior Clerk by the Secretary, Secondary Education Board, U.P in the year 2007. The appellant applied as a Scheduled Caste candidate. She was not selected, giving rise to the Writ Petition No. 25377 of 2010, in which her representation was directed to be decided. The Director of Secondary Education U.P. Lucknow decided, and rejected the representation by an order dated 17.08.2010, on the ground that as against 72 posts of Scheduled Caste category candidates, horizontal reservation of 20 % will come to 14.4 i.e. 14 posts, and for six posts of Scheduled Tribe candidates, one post will be reserved for women by way of horizontal reservation, and thus there were a total number of 15 posts available for the women candidates. The petitioner -appellant being sixteenth candidate, she was not entitled to be selected.;