Caste-based quota: What does 'open category' mean?

India is not one of the advanced countries in the world which have no underprivileged classes, poverty and backwardness; rather, it is a developing nation which has fair percentage of its population who are backward and there is unequal distribution of income. In such a scenario, the concept of reservation is much needed in order to bring the backward population on par with the advanced sections of population of the country.

Then only, the principles of equality and justice can be achieved. Articles 14, 15 and 16 of the Indian Constitution provide for the right of equality in employment, access to education and in any promotions. The recent judgement of the Supreme Court in the Saurav Yadav and others versus the State of UP and others brought in the question of what does reservation mean and what all comes in its scope. It also enables the reserved categories to actually jump to the non-reserved categories on meritorious grounds.

The SC judgement can be acted upon for future purposes and for giving opportunity to candidates of horizontal and vertical reservations to access the open category seats with their own capacity. The historical judgement deters the government from using the open category as the reservation for upper castes. It did not just open the door for the women candidates but to all the reserved candidates to have opportunity on merit and pursue their career or do job in different fields like any general category person.

The three-judge bench, comprising Uday Umesh Lalit, S Ravindra Bhat and Hrishikesh Roy, observed that the candidates belonging to the reserved vertical category of OBCs, SCs, and STs can be appointed in the open category if they qualify on their own merit so that they are not counted under the reserved category. It has also resolved the disagreement that was there in filing the quota under horizontal reservations.

It is in a way encroachment on the non-reserved seats but at the same time meritorious selection is justifiable. On the face of it, it may appear to be encroachment on the non-reserved category. But when we vet it, we see that the reserved candidates are allowed to contest only on their own excellence and not upon their choice. Thus, it cannot be said that the reserved candidates are encroaching on the seats left for non-reserved sections. This is, in a way, a positive discrimination towards the reserved candidates.

The vertical reservation is different from horizontal reservation. We should not mistake between the vertical reservation and the horizontal reservation. Both are different but can be brought under one roof by giving cross- competing opportunities. The vertical reservation pertains to the SCs, STs and the other backward classes, while the horizontal reservation relates to the physical handicapped, army veterans, the freedom fighters and women.

The horizontal reservation cuts across the vertical reservation called the interlocking reservation. The percentage of reservations allotted to the horizontal reservation categories should be adjusted against the percentage of OBCs, SCs, STs and general categories in the vertical reservation. This line of demarcation should not be misunderstood.

Can we forgo reservations without giving opportunities?

The judgment has also paved the way for scrapping the reservation policy in the long run. For instance, if a candidate belonging to the reserved category is given a chance and opportunity to contest with the person of non-reserved category on the merit basis then he can do so and this is how we can bring the unprivileged section out of that section. The whole idea of equality as enshrined in the Constitution revolves around fair opportunity and choices.

Are reservations to stay forever?

The question of whether the reservations should continue or not is long debatable one and not something that can be concluded with people divided into equal halves — those criticizing and supporting reservations. The reservation policy and its application to India's scenario has to be clearly understood.

We can only expand its scope by giving the reserved population the opportunity to contest with the general category candidates on merit basis. The 104th Amendment to the Constitution was brought in to extend the reservation for SCs and STs in Lok Sabha and Assemblies till 2030 and the abolition of Anglo-Indian representation in the Lok Sabha was justified as there were only 296 Anglo-Indians in the whole country as per 2011 Census though the figure is disputed.

But with 41 per cent and 48 per cent of OBC and women population respectively in the country, the reservation is a tool we will need for decades to come and actually it seems to be eternal.The introduction of the 10 per cent EWS quota itself justifies that India is not yet ready for total scrapping of reservation and that the country still very much needs it.

Hence, it can only be extended in its applicability and meaning but cannot be scrapped. So any argument against the reservation can die for now. One way to do it is that the capping percentage of reservation can be reduced slowly by enabling candidates to contest on merit and years later it may be scrapped. This can be done by open competition.