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58. This rule was affirmed and applied in Anil
Kumar Gupta v State of UP and Swati Gupta v
State of UP and Jitendra Kumar Singh v State of
UP and Rajesh Kumar Daria v Rajasthan Public
Service Commission. The manner of filling the
horizontal reservation category and the vertical,
social categories, was explained in Rajesh Kumar
Daria in the following terms:
“9. Social reservations in favour of SC, ST and OBC
under Article 16 (4) are ‘vertical reservations”.
Special reservations in favour of physically
handicapped, women etc., under Articles 16(1) or
15(3) are ‘horizontal reservations’. Where a
vertical reservation is made in favour of a
backward class under Article 16 (4), the candidates
belonging to such backward class, may compete
for non-reserved posts and if they are appointed to
the non-reserved posts on their own merit, their
numbers will not be counted against the quota
reserved for the respective backward class.