Quotes from R.K.Sabharwal Case

No reserved candidates who got selected on their own merit can not be taken into consideration for working out the percentage of reservation. While services can be availed from OBC quota but for calculation of percentage of reservation they deemed to have been counted as general candidates. To quote from . In R.K.Sabharwal And Others Vs. State Of Punjab And Others [(1995) 29 Administrative Tribunals Cases 481], a Constitutional Bench of the Honourable Supreme Court has held:

“4. When a percentage of reservation is fixed in respect of a particular cadre and the roster indicates the reserve points, it has to be taken that the posts shown at the reserve points are to be filled from amongst the members of reserve categories and the candidates belonging to the general category are not entitled to be considered for the reserved posts. On the other hand, the reserve category candidates can compete for the non-reserved posts and in the event of their appointment to the said posts their number cannot be added and taken into consideration for working out the percentage of reservation...... When the State Government after doing the necessary exercise makes the reservation and provides the extent of percentage of posts to be reserved for the said backward class then the percentage has to be followed strictly. The prescribed percentage cannot be varied or changed simply because some of the members of the backward class have already been appointed/promoted against the general seats...."

It is the law of the land as declared by a constitutional bench of Supreme court in RK Sabharwal case.

“6. The expressions “posts” and “vacancies” often used in the executive instructions providing for reservations, are rather problematical. The word “post” means an appointment, job, office or employment. A position to which a person is appointed. “Vacancy” means an occupied post or office. The plain meaning of two expressions make it clear that there must be a ‘post’ in existence to enable the ‘vacancy’ to occur. The cadre-strength is always measured by the number of posts comprising the cadre*. Right to be considered for appointment can only be claimed in respect of a post in a cadre. As a consequence the percentage of reservation has to be worked out in relation to the number of posts which form the cadre-strength. The concept of ‘vacancy’ has no relevance in operating the percentage of reservation.”