Reservation Is Like Crutches- Provided Only To Weak; No Separate Reservation For All Sections Of Society: Himachal Pradesh High Court

The Himachal Pradesh High Court recently observed that reservation may be equated with crutches which are not necessitated to be provided to healthy people but definitely to those who are not able or permitted to stand on their legs or whose legs are weak for deprivation of healthy atmosphere and equal status in the society. Therefore, there is no provision for providing separate reservation to all sections of society, it clarified.

The observations were made Hon’ble Justice Vivek Singh Thakur while hearing a plea in terms of which the petitioner had assailed action of respondents-State, allowing respondent No.5 to contest and thereafter elect her as President of Municipal Council Dehra, District Kangra against the seat reserved for Women (General), on the ground that respondent No.5 Sunita Kumari, for belonging to a Scheduled Caste category, was not eligible to contest and seek election as President/Chairperson, which was reserved for Women belonging to General Category.

The petitioner contended that the respondent No.5 belongs to Scheduled Caste category, whereas post of Chairperson was reserved for Women belonging to General Category and, therefore, the petitioner claimed that a woman belonging to Scheduled Caste category, despite elected as Member from a Ward reserved for women belonging to General Category, cannot be permitted to contest the election for the office of Chairperson/ President of Municipal Council reserved for Women belonging to General Category.

The petitioner contended that a post reserved for Women of General Category means a post reserved for all women, but excluding the women belonging to reserved category.

Adjudicating upon the matter in controversy the bench observed,

"Reservation is for women but not for General Category. ‘General Category’ means ‘all’ and ‘reservation for all’ makes no sense. Thus appropriate meaning of ‘General Category’ is open for all".

Expounding on the law that premise reservations the court said that reservation has been provided exercising power under Articles 15 and 16 of the Constitution and while Clauses (3) and (4) of Article 15 of Constitution empower the State to provide reservation for socially and educationally backward classes of citizens, for Scheduled Castes and Scheduled Tribes and women. There is no provision in the Constitution to provide reservation to General Category.

"As a matter of fact "General Category” means all classes, including the categories for whom reservation has been provided. Seats meant for General Category cannot be filled by excluding any person of any category who is otherwise eligible and entitled for that on his own merit", Justice Thakur underscored.

Observing that the seats ‘open to all’ or meant for “General Category” are available to all sections of the society, including the section to whom Vertical Reservation has been provided, the bench explained that the “Open Category” or “General Category” is not a category remained after subtracting the categories to whom Vertical Reservation has been provided but Open or General Category includes all, irrespective of religion, race, caste, sex or place of birth. Everybody is free to compete and contest, on his/her own merit, including categories provided benefit of Vertical Reservation, it added.

Deliberating further the court elucidated the law that a man or a woman may be eligible to contest election from more than one seat, in different capacity, as a candidate belonging to reserved category can contest election for a seat meant for General Category as well as reserved category, and such person shall also be entitled to contest the election of Member or office of President/Chairperson of the Municipality in either capacity.

"Therefore, respondent No.5 was eligible to contest and hold the post of President/Chairperson of the Municipality reserved for ‘women’ belonging to General Category", the bench maintained.

Accordingly the bench dismissed the petition finding it devoid of any merit.

Case Title: Sunita Sharma Vs State Of Himachal Pradesh.

Citation: 2023 LiveLaw (JKL) 13

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