The Jammu and Kashmir High Court has ruled that the reservation benefit provided to the children of defence personnel under the Jammu and Kashmir Reservation Rules, 2005, is a horizontal reservation and cannot be treated as a compartmentalised vertical quota. The Court clarified that such a reservation operates across all categories and does not constitute an independent or exclusive class of seats. This ruling provides an important interpretation of how reservations for special groups, such as children of defence personnel, must be implemented under the state’s reservation framework.
The case arose from a dispute regarding the method of applying the quota reserved for children of defence personnel in educational and professional institutions. The petitioner contended that the reservation should be applied as a compartmentalised quota, ensuring fixed seats for the category irrespective of other reservations. However, the Court examined the relevant provisions of the Jammu and Kashmir Reservation Rules, 2005, particularly Rule 2(viii), which defines “Children of Defence Personnel” as children of permanent residents of the Union Territory who have served or are serving in the Army, Navy, or Air Force, and who have been honourably discharged, provided they have not been involved in any criminal or anti-national activities.
The Court noted that the 2005 Rules explicitly classify this reservation as a horizontal category, similar to other categories like children of paramilitary forces or police personnel. Horizontal reservations, the Court explained, are meant to cut across vertical categories such as Scheduled Castes, Scheduled Tribes, Other Backward Classes, and the General category. This means that the benefit is distributed across all social categories rather than forming an exclusive compartment of seats.
In contrast, vertical reservations are fixed and independent, providing a distinct share of seats to categories like Scheduled Castes and Scheduled Tribes. The High Court emphasized that treating the children of defence personnel as a separate vertical category would contradict the intent of the reservation policy, which aims to integrate horizontal categories into the overall structure rather than isolating them.
The bench clarified that the purpose of horizontal reservation is to ensure equitable opportunities for special groups without disturbing the proportional distribution of seats among vertical categories. Thus, candidates belonging to the defence personnel category are entitled to compete within their respective vertical category—whether general, Scheduled Caste, or Other Backward Class—while simultaneously availing the benefit of the horizontal quota.
The Court held that the mere allocation of a percentage of seats for children of defence personnel does not transform the category into a vertical quota. The percentage is intended to ensure representation within the broader pool of candidates and not to create an exclusive block of seats. The authorities were directed to apply the reservation accordingly, ensuring that the benefit extends uniformly across all categories rather than being compartmentalised.
This judgment reinforces the principle that horizontal reservations are intended to promote inclusion without fragmenting the reservation framework. By clarifying the status of the children of defence personnel under the Jammu and Kashmir Reservation Rules, the High Court has ensured that the implementation of such quotas aligns with the broader constitutional goals of fairness, equality, and balanced representation.
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