Mechanics of mobility and replenishment in vertical reservations

Vertical reservations under Article 16(4) of the Constitution carry an inherent principle of merit-based upward mobility from the specified category to the unreserved slot, without depleting the reserved quota meant for that backward class. When a meritorious reserved candidate moves to the open category on the basis of high rank, the appointment does not count against the reserved quota, and the resulting vacancy in the reserved category must be filled by appointing the next eligible candidate from that same reserved category who is lower in rank. In situations where advertised reserved vacancies cannot be fully filled due to a dearth or shortfall of qualified reserved candidates meeting minimum benchmarks, the unfilled vacancies must either be carried forward or dealt with under recruitment rules, but such unfilled vacancies provide no legal basis to prevent top-ranking reserved candidates from rightfully occupying open posts earned through pure merit. (Airport Authority of India & Ors. Vs Sham Krishna B & Ors. | 2026 INSC 69)