ORDER : Sujoy Paul, J. 1. The interesting conundrum in this petition filed under Article 226 of the Constitution is whether the petitioner, a S.C. candidate is entitled to get vertical and horizontal reservations in view of her caste and on account of the fact that there exists a parallel reservation for women candidates. 2. In short, the relevant facts are that the petitioner pursuant to an advertisement (Annexure P/5) issued in May, 2015 by Director of Technical Education, Government of Madhya Pradesh submitted her on-line application for the post of Lecturer for various Autonomous/Government/Women Polytechnic Colleges in State of Madhya Pradesh. The petitioner submitted her candidature against the post of Lecturer in the stream of electronics and communication. In turn, petitioner was invited to appear in the interview on 27-8-2015. The names of candidates who were called for interview were shown in the official website of the department Annexure P/6. 3. After interviews were over, respondents posted the merit list as well as waiting list of Unreserved (UR), SC, ST and OBC categories in their official website on 18-9-2015 Annexure P/7. Petitioner's name finds place at Sr. No. 8 in the waiting list of S.C. category. Shri Gautam Prasad, learned counsel for the petitioner by taking this Court to Annexure P/7 contends that in the merit list of S.C. category which contains names of 14 candidates, only one female candidate finds place namely Ms. Kanti Prajapati. Thus, as a female S.C. category candidate, petitioner should be placed just below Ms. Kanti Prajapati. 4. Learned counsel for the petitioner contended that the merit list shows that in General, ST and OBC category, women candidates were placed in the merit list by giving her 30% reservation being female candidates. However, in S.C. category, the requirement of 30% reservation to women candidate was not followed. It is submitted that total 14 candidates' names find place in the merit list of S.C. category. If 30% reservation for women is applied to these 14 posts, four posts were required to be reserved for women candidates. The respondents have erred in not giving the benefit of 30% reservation to the women candidates. It is submitted that total 14 candidates' names find place in the merit list of S.C. category. If 30% reservation for women is applied to these 14 posts, four posts were required to be reserved for women candidates. The respondents have erred in not giving the benefit of 30% reservation to the women candidates. In support of his contention, Shri Prasad relied upon Rule 11(3)(b) of Madhya Pradesh Technical Education Polytechnic College (Teaching Cadre) (Recruitment) Rules, 2004 which provides that - "Reservation for women candidates shall be applicable as per the provisions of the Madhya Pradesh Civil Services (Special Provision for appointment of Women) Rules, 1997." He also placed reliance on Rule 3 of the Madhya Pradesh Civil Services (Special Provision for appointment of women) Rules, 1997 which reads as under: "3. Reservation of post for women. - Notwithstanding anything contained in any service Rules, there shall be reserved thirty percent of all posts in the service under the State in favour of women at the stage of direct recruitment and the said reservation shall be horizontal and compartment wise. Explanation - For the purpose of this rule "horizontal and compartment wise reservation" means reservation in each category, namely Scheduled Castes, Scheduled Tribes, Other Backward Classes and General. " The relevant portion of aforesaid Rules are filed as Annexure P/8 and Annexure P/9, respectively. 5. In nutshell, Shri Prasad submits that respondents were required to apply horizontal reservation compartment wise. The said reservation was required to be given category wise namely for SC, ST, OBC and UR categories. It is submitted that the respondents have erred in not applying both the reservations namely vertical and horizontal in S.C. category. In support of this contention, he relied upon AIR 2007 SC 3127 , Rajesh Kumar Daria v. Rajasthan Public Service Commission and others. 6. Per contra, Shri Pushpendra Yadav, learned Government Advocate opposed the relief. By taking this Court to the advertisement Annexure P/5, it is submitted that every autonomous college is an independent autonomous body/legal entity. He placed reliance on certain portions of the Recruitment Rules. On the strength of this, it is submitted that posts of Lecturer in every college is related to a particular cadre which is confined to the said college. 7. He placed reliance on certain portions of the Recruitment Rules. On the strength of this, it is submitted that posts of Lecturer in every college is related to a particular cadre which is confined to the said college. 7. Learned Government Advocate further submits that in view of aforesaid rules and conditions mentioned in the advertisement, it is clear that post in a particular institution needs to be treated as different cadre and the reservation policy can be applied institution-wise for the institutions situated at Ashok Nagar, Bhopal and Jabalpur. The number of vacant posts of Lecturer in petitioner's faculty/branch were six, five and four respectively in said institutions. Thus, as per these posts available, the horizontal reservation was neither permissible nor applicable. 8. No other point is pressed by learned counsel for the parties. 9. I have heard learned counsel for the parties at length and perused the record. 10. Before dealing with the contentions advanced by the parties, it is condign to refer to specific condition mentioned in the advertisement, which reads as under: ^^vkj{k.k %& fjDr inksa ij fu;qfDr;ka dsoy laLFkk fo'ks"k ds fy, gSA inksa dk vkj{k.k ,oa jksLVj dk la/kkj.k ladkokj@fo"k;okj rFkk egkfo|k;okj fd;k x;k gSA vkjf{kr Js.kh ds mEehnokjksa dks fu;ekuqlkj vgZdkjh ijh{kk ds izkIrkadksa esa NwV iznku dh tk;sxhA** 11. Certain definitions mentioned in the Recruitment Rules are also relevant, which read as under : ".2. Definitions. - In these rules, unless the context otherwise requires - (a) xxx xxx xxx (b) xxx xxx xxx (c) xxx xxx xxx (d) xxx xxx xxx (e) "Institute" means Polytechnic College whose management is vested in the Prabandhan Samiti vide State Government Notification No. F.49-42-1-2001, dated 12th July, 2001; (f) xxx xxx xxx (g) "Prabandhan Samiti" means the Prabandhan Samiti of the Polytechnic College registered under the Madhya Pradesh Society Registrikaran Adhiniyam, 1973 (No. 44 of 1973); (h) xxx xxx xxx (i) xxx xxx xxx (j) xxx xxx xxx (k) xxx xxx xxx (1) xxx xxx xxx (m) "Society" means the Society of the Polytechnic college as registered under the Madhya Pradesh Society Registrikaran Adhiniyam, 1973 (No. 44 of 1973)." 12. Rule 4 of the Recruitment Rules talks about constitution of service by certain persons. Sub-clause (c) includes the persons recruited to the service in accordance with the provisions of the rules. The method of recruitment is defined Rule 6 of the said Rules. Rule 4 of the Recruitment Rules talks about constitution of service by certain persons. Sub-clause (c) includes the persons recruited to the service in accordance with the provisions of the rules. The method of recruitment is defined Rule 6 of the said Rules. It is clear that after these rules came into being, the recruitment shall be made through direct recruitment. Sub-rule (2) provides that number of persons recruited under sub-rule (1) shall not, at any time, exceed the percentage of posts shown in Schedule III of the duty posts as specified in Schedule I. The post of Lecturer on which petitioner is claiming appointment falls within Column (iii) to (vii) of the Schedule II of the Recruitment Rules. 13. The Appointing Authority of the post in question is the Institution/Prabandhan Samiti. A conjoint reading of advertisement and the aforesaid rules make it clear that although selection was made through common recruitment process, the posts lying vacant in every institutions belong to a different cadre. Putting it differently, the posts which are lying vacant in every institutions are related with institution-wise cadre. For example: the post lying vacant in the institution at Ashok Nagar falls within the ambit of the cadre maintained in the said institution. Same is the situation with the posts available in the institutions situated at Bhopal and Jabalpur. Learned counsel for the petitioner laid emphasis on the total number of posts and contended that out of 14 posts, vertical and horizontal reservation is permissible. The advertisement in clear terms shows that Reservation Roster shall be maintained subject and institution wise. Hence, arguments of Shri Prasad cannot be accepted. 14. As discussed above, it is clear that the total number of posts advertised statewide cannot be treated as part of one cadre. Now, the question is : whether the vertical and horizontal reservation can be applied in the facts and circumstances of the present case ? More so, when number of vacancies shown by the respondents institution-wise in their return are not refuted by the petitioner by filing any rejoinder. 15. Special provision for women made under Article 15(3) in respect of the employment, is held to be special reservation as contrasted from the social reservation under Article 16(4) of the Constitution. More so, when number of vacancies shown by the respondents institution-wise in their return are not refuted by the petitioner by filing any rejoinder. 15. Special provision for women made under Article 15(3) in respect of the employment, is held to be special reservation as contrasted from the social reservation under Article 16(4) of the Constitution. The method of implementing special reservation, which is horizontal reservation cutting across vertical reservation was explained by Supreme Court 1995(5) SCC 173 , Anil Kumar Gupta and others v. State of U. P. and others. The Apex Court held that the proper and correct course is to first fill up the Open Competition quota on the basis of merit, then fill up each of the social reservation quotas i.e. SC, ST and OBC; 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. 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 there from. (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 per cent, in favour of special categories, overall, may be satisfied or may not be satisfied. This point was again considered by Supreme Court in the case of Rajesh Kumar Daria (supra), which reads as under : 7-8 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 Article 16(1) or 15(3) are ‘horizontal 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 Castes 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 quota will be counted against the horizontal reservation for women. Let us illustrate by an example : If 19 posts are reserved for S.C.s (of which the quota for women is four), 19 S.C. 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 S.C. women candidates, then there is no need to disturb the list by including any further S.C. women candidate. On the other hand, if the list of 19 S.C. candidates contains only two women candidates, then the next two S.C. 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 S.C. candidates contain four women SC candidates, (but if the list of 19 S.C. 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 ‘S.C. women' have been selected in excess of the prescribed internal quota of four). (Emphasis Supplied) 16. In the present case, number of vacancies were not sufficient to apply vertical and horizontal reservation compartment-wise. After filling of the quota of S.C. in order of merit, no further vacancy was left in the said category which could have been filled by applying the horizontal reservation for S.C. woman. Thus, as per the acid test laid down in Rajesh Kumar Daria (supra), I am unable to hold that respondents have committed any error in not applying the horizontal reservation for S.C. women/petitioner. Thus, as per the acid test laid down in Rajesh Kumar Daria (supra), I am unable to hold that respondents have committed any error in not applying the horizontal reservation for S.C. women/petitioner. In view of the limited number of vacancies and on account of the fact that only available S.C. vacancy is filled up by S.C. candidates on merits, no fault can be found in the action of respondents in not extending the benefit of horizontal reservation to the petitioner. In other words, the horizontal reservation can be applied provided vacancies are available for the same. 17. As analysed above, the respondents have not committed any legal error in not applying horizontal reservation. Resultantly, petition fails and is hereby dismissed. No cost.