JUDGMENT 1. - By this writ petition a challenge has been made to the arrangement/system for providing 25% reservation to female candidates. The matter pertains to admission in P.G. Course of Medical. The admissions to P.G. Course are made 50% based on All India Entrance Examination and remaining 50% based on Entrance Examination conducted by the respondent University to fill up the State quota. It is stated that apart from the social reservations in favour of Scheduled Caste, Scheduled Tribe and Other Backward Classes candidates, special reservation exists in favour of female candidates. The controversy in the present matter pertains to special reservation of 25% in favour of female candidates. It is contended that aforesaid special reservation is not provided by applying the roster system as otherwise prepared by the State of Rajasthan for applying it in the services. The chart showing roster has been annexed at Annexure-3 to the writ petition. 2. Learned counsel for petitioner submits that 25% reservation made for female candidates is provided at the end of counseling meaning thereby respondents first calls candidates from the Category of General, Scheduled Tribe Scheduled Caste and Other Backward Classes and after completing their counseling, if 25% quota of girl candidates in each category is not filled up then only remaining girl candidates are called at the end of the counseling, which according to learned counsel for petitioner, is contrary to the Rules and roster system provided at Annexure-3 to the writ petition. According to learned counsel for petitioner, if roster system at Annexure-7 is applied, girl candidates even below in rank will occupy their point and will get priority in selection of specialty during the course of counseling which now is given at the end and thereby choice of the specialty is made limited. Prayer of the petitioner is, thus, that a female candidate should also be called in counseling on the basis of roster so that she may give better choice for selection of speciality in P.G. Course. 3. Learned counsel for petitioner elaborating the arguments submits that so far as social reservation is concern, it is provided on vertical basis whereas special reservation in favour of female or handicapped person is provided on horizontal basis. 3. Learned counsel for petitioner elaborating the arguments submits that so far as social reservation is concern, it is provided on vertical basis whereas special reservation in favour of female or handicapped person is provided on horizontal basis. The reservation to the female candidate is by applying horizontal system and taking note of the aforesaid, the roster point was prepared where 4th point is given to the female candidate but the respondents are not adhering to the aforesaid roster system and thereby the very purpose of giving horizontal reservation to the special category is frustrated. 4. I have considered the submissions of learned counsel for petitioner and perused the record. 5. The short issue involved in the present matter pertains to application of horizontal reservation in favour of female candidates and for that purposes application of roster system as prayed by learned Counsel for petitioner. To decide the controversy as involved in the present matter, it is necessary to understand the system of vertical and horizontal reservations and as to how its apply. Social reservation like the reservation in favour of Scheduled Caste, Scheduled Tribe and Other Backward Classes is provided on vertical basis whereas reservation in favour of female and physical handicapped persons is horizontal reservation. Horizontal reservation cut across the vertical reservation, which is commonly known as "interlocking reservation". When vertical and horizontal reservations are to be applied, it is first that vertical reservation is to be applied and while doing so post/seat meant for special reservation candidate is satisfied then no horizontal reservation is required to be provided or horizontal reservation is to be provided only to the extent of deficiency of the quote meant for them. The aforesaid aspect has been summarised by the Hon'ble Apex Court in the case of Anil Kumar Gupta v. State of U.P. and relevant extract of the aforesaid judgment is quoted hereunder:-- "...The proper and correct course is to first fill up the open Competition quota (50%) on the basis of merit; then fill up each of the social reservation quotas, i.e., S.C., S.T. and B.C; the third step would be to find out how many candidates belonging to special reservations have been selected on the above basis. If the quota fixed for horizontal reservations is already satisfied-in case it is an overall horizontal reservation-no further question arises. If the quota fixed for horizontal reservations is already satisfied-in case it is an overall horizontal reservation-no further question arises. But if it is not so satisfied, the requisite number of special reservation candidates shall have to be taken and adjusted/accommodated against their respective social reservation categories by deleting the corresponding number of candidates therefrom. (If, however, it is a case of compartmentalised horizontal reservation, then the process of verification and adjustment/accommodation as stated above should be applied separately to each of the vertical reservations. In such a case, the reservation of fifteen percent in favour of special categories, overall, may be satisfied or may not be satisfied.)" 6. The perusal of the quoted portion of the judgment shows that while vertical and horizontal reservations are to be applied, first the post meant for pen category which is known as General Category is to be filled up first where appointment or admission is given strictly based on merit irrespective of caste and while doing so, if a candidate claiming social reservation gets admission/appointment then he/she would not be counted towards reservation. After doing so, in the second step, quotas meant for social reservation like Scheduled Caste, Scheduled Tribe and Other Backward Classes are to be given admission/appointment to the extent of the their reservation quota. After completion of the aforesaid two steps, the requirement to fill up special reservation would be assessed which otherwise is called as horizontal reservation. For providing horizontal reservation, it is necessary to look into as to whether candidate of special category like females have already occupied the seat to the extent reserved for them while first two steps as mentioned above are taken. If seats meant for special reservation are satisfied while undertaking two steps, no reservation is required to be given to the special category candidate. However, in case that reservation meant for special category is not fully satisfied, then to the extent of short coming appointment/admission can be given. Aforesaid means that special categories given horizontal reservation are provided at the end, thus cannot be given in the manner claimed by the petitioner. To clarify if further and to make a difference between the vertical and horizontal reservations, an illustration is given. Aforesaid means that special categories given horizontal reservation are provided at the end, thus cannot be given in the manner claimed by the petitioner. To clarify if further and to make a difference between the vertical and horizontal reservations, an illustration is given. While vertical reservation is given, a candidate claiming reservation is to be provided full quota meant for them irrespective of fact that any candidate of reserved caste may have occupied the post/seat along with General Category/open category candidates, thus while vertical reservation is provided those reserved caste candidate, who are finding place in a list prepared for open category/general category based on their merit then number of such reserved candidates finding place in merit then number of such reserved candidates finding place in merit would not be counted so as to reduce reserved quota to that extent. Those reserved categories like Scheduled Caste, Scheduled Tribe and Other Backward Classes would get full quota meant for them. Just reversed to it while horizontal reservation is provided, a candidate finding admission/appointment on his merit though belonging to special category yet to the extent of admission/appointment of a candidate of special category based on his merit will reduce their quota to the extent of such merit appointment/admission. 7. The aforesaid aspect has also been explained by the Hon'ble Apex Court in a recent judgment of Rajesh Kumar Daria v. Rajasthan Public Service Commission reported in, (2007) 8 SCC 785 and paras 6 to 9 are quoted hereunder for ready reference wherein aforesaid issue has been explained by giving an illustration:- 6. We may also refer to two related aspects before considering the facts of this case. The first is about the description of horizontal reservation. For example, if there are 200 vacancies and 15% is the vertical reservation for SC and 30% is the horizontal reservation for women, the proper description of the number of posts reserved for SC, should be: "For SC: 30 posts, of which 9 posts are for women". We find that many a time this is wrongly described thus: "For SC : 21 posts for men and 9 posts for women, in all 30 posts". Obviously, there is, and there can be, no reservation category of 'male' or 'men'. 7. The second relates to the difference between the nature of vertical reservation and horizontal reservation. We find that many a time this is wrongly described thus: "For SC : 21 posts for men and 9 posts for women, in all 30 posts". Obviously, there is, and there can be, no reservation category of 'male' or 'men'. 7. The second relates to the difference between the nature of vertical reservation and horizontal reservation. 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 complete 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. Therefore, if the number of SC candidates, who by their own merit, get selected to open competition vacancies, equals or even exceeds the percentage of posts reserved for SC candidates, it cannot be said the reservation quota for SCs has been filled. The entire reservation quota will be intact and available in addition to those selected under open Competition category. [Vide-Indira Sawhney (supra), R.K. Sabharwal v. State of Punjab 1995 (2) SCC 745 , Union of India v. Virpal Singh Chauvan, 1995 (6) SCC 684 and Ritesh R. Sah v. Dr. Y.L. Yamul, 1996 (3) SCC 253 ). But the aforesaid principle applicable to vertical (social) reservations will not apply to horizontal (special) reservations. Where a special reservation for women is provided within the social reservation for Scheduled Castes, the proper procedure is first to fill up the quota for scheduled cases in order of merit and then find out the number of candidates among them who belong to the special reservation group of 'Scheduled Castes-Women'. If the number of women in such list is equal to or more than the number of special reservation quota, then there is no need for further selection towards the special reservation quota. Only if there is any shortfall, the requisite number of scheduled caste women shall have to be taken by deleting the corresponding number of candidates from the bottom of the list relating to Scheduled Castes. To this extent, horizontal (special) reservation differs from vertical (social) reservation. Thus women selected on merit within the vertical reservation for women. Only if there is any shortfall, the requisite number of scheduled caste women shall have to be taken by deleting the corresponding number of candidates from the bottom of the list relating to Scheduled Castes. To this extent, horizontal (special) reservation differs from vertical (social) reservation. Thus women selected on merit within the vertical reservation for women. Let us illustrate by an example : if 19 posts are reserved for SCs (of which the quota for women is four), 19 SC candidates shall have to be First listed in accordance with merit, from out of the successful eligible candidates. If such list of 19 candidates contains four SC Women candidates, then there is no need to disturb the list by including any further SC women candidate. On the other hand, if the list of 19 SC candidates contains only two woman candidates, then the next two SC woman candidates in accordance with merit, will have to be included in the list and corresponding number of candidates from the bottom of such list shall have to be deleted, so as to ensure that the final 19 selected SC candidates contain four women SC candidates. But if the list of 19 SC candidates contains more than four women candidates, selected on own merit, all of them will continue in the list and there is no question of deleting the excess women candidate on the ground that 'SC-Woman' have been selected in excess of the prescribed internal quota of four.] 8. In this case, the number of candidates to be selected under general category (open competition), were 59, out of which 11 were earmarked for women. When first 59 from among the 261 successful candidates were taken and listed as per merit, it contained 11 women candidates, which was equal to the quota for 'General Category-Women'. There was thus no need for any further selection of woman candidates under the special reservation for women. But what RPSC did was to take only the first 48 candidates in the order of merit (which contained 11 women) and thereafter, fill the next 11) posts under the general category with woman candidates. As a result, we find that among 59 general category candidates in all 22 women have been selected consisting of eleven women candidates selected on their own merit (candidates at Sl. Nos. As a result, we find that among 59 general category candidates in all 22 women have been selected consisting of eleven women candidates selected on their own merit (candidates at Sl. Nos. 2, 3, 4, 5, 9, 19, 21, 25, 31, 35 & 41 of the Selection List) and another eleven (candidates at Sl. Nos. 54, 61, 62, 63, 66, 74, 75, 77, 78, 79 & 80 of the Selection List) included under reservation quota for 'General Category-Women'. This is clearly impermissible. The process of selections made by RPSC amounts to treating the 20% reservation for women as a vertical reservation, instead of being a horizontal reservation within the vertical reservation. 9. Similarly, we find that in regard to 24 posts for OBC, 19 candidates were selected by RPSC in accordance with merit from among OBC candidates which included three woman candidates. Thereafter, another five women were selected under the category of 'OBC-Women', instead of adding only two which was the shortfall. Thus there were in all 8 women candidates, among the 24 OBC candidates found in the Selection List. The proper course was to list 524 OBC candidates as per the merit and then find out number of woman candidates among them, and only fill the shortfall to make up the quota of five for woman." Coming to the argument of learned counsel for petitioner that female candidates falling in special category should be provided reservation based on roster prepared by the respondents. If this argument is accepted, then even the female candidate has to be given benefit of reservation while giving vertical reservation which would be then not only contrary to the judgment of the Hon'ble Apex Court referred to above but would may become a vertical reservation. In fact, horizontal reservation is provided only at the end and that too only to the extent of left out vacancies/seats meant for special reservation quota and while applying horizontal reservation at the end, it is not even necessary that a member of special category may get benefit of reservation because if candidate belonging to special category get admission/appointment to the extent of post meant for that category while giving admission/appointment to general category and social reservation category candidate then no further reservation is required to be given to a candidate of special category. Thus, claim of the petitioner not to provide special reservation to female at the end cannot be accepted. Accordingly, the writ petition is found devoid of merit and the same is dismissed in limine.Writ Petition Dismissed. *******