Quotes from Indra Sahwney judgment

Giving more preferred services to reserved candidates will not qualify to be termed as using reservation benefits. Para 58 of Indra Sahwney judgment makes it amply clear as mentioned below.

“58. The question arises whether clause (4) of Art. 16(4) is exhaustive of the topic or reservation in favour of backward classes. Before we answer this question, it is well to examine the meaning and content of expression ‘reservation’. Its meaning has to be ascertained having regard to the context in which it occurs. The relevant words are, “any provision for the reservation of appointments or posts” The question is whether the said words contemplate only one form of provision namely reservation simpliciter, or do they take in other forms of special provisions like preferences, concessions and exemptions. In our opinion, reservation is the highest form of special provision, while preference, concession and exemption are lesser forms. The Constitutional scheme and context of Article 16(4) induces us to take the view that larger concept of reservation takes within its sweep all supplemental and ancillary provisions also lesser types of special provisions like exemptions, concessions and relaxations consistent no doubt with the requirement of maintenance of efficiency of administration- admonition of Art.335. The several concessions, exemptions and other measures issued by the Railway Administration and noted in Karmachari Sangh are instances of supplementary, incidental and ancillary provisions made with view to make the main provision of reservation effective i.e. to ensure that the members of the reserved class “fully avail of the provision of reservation in their favor”……. In our opinion, therefore, where the state finds it necessary- for the purpose of giving full effect to the provision of reservation to provide certain exemptions, concessions or preferences to members of backward classes, it can extend the same under clause (4) itself. In other words, all supplemental and ancillary “provision to ensure full availment of provision for reservation can be provided as part of concept of reservation itself”. Similarly, in a given situation the state may think that in the case of a particular Backward class it is not necessary to provide reservation of appointments/posts- and that it would be sufficient if a certain preference or concession is provided in their favour. This can be done under Clause (4) itself

58. It is, however, made it clear that the rule of 50% shall be applicable to reservations proper; they shall not be- indeed cannot be applicable to exemptions, concessions, relaxations, if any, provided to Backward class of citizens under Art. 16(4).”