In the matter of Sunita Sharma Vs the State Of Himachal Pradesh, the Bench of Justice Vivek Singh Thakur of Himachal Pradesh High Court noted that there is no special provision for a separate reservation to all sections of the Society. The Court further held that Reservation is like crutches which are not necessitated to be provided to healthy people of the Society.

In the said matter, while hearing a plea the petitioner had violated the action of the respondents by allowing respondent No.5 to contest the election and thereafter elect her as President of Municipal Council Dehra, District Kangra against the seat reserved for Women (General), on the ground that respondent No.5 Sunita Kumari, for belonging to a Scheduled Caste category, was not eligible to contest and seek election as President/Chairperson, which was reserved for Women belonging to General Category.

In the Petition, the Petioner mentioned that the Post of the Chairman was reserved for the  Women belonging to General Category but Respondent No 5 belongs to the category of Scheduled Caste. The Respondent despite being elected as a Member from a Ward reserved for women belonging to General Category, cannot be permitted to contest the election for the office of Chairperson/ President of the Municipal Council reserved for Women belonging to the General Category.

''Reservation is for women but not for General Category. ‘General Category’ means ‘all’ and ‘reservation for all’ makes no sense. Thus the appropriate meaning of ‘General Category’ is open for all". said Court.

Further, The court said that reservation is provided exercising under Articles 15 and 16 of the Indian Constitution and while Clauses (3) and (4) of Article 15 of the Constitution empower the State to provide reservation for socially and educationally backward classes of citizens, for Scheduled Castes and Scheduled Tribes and women. There is no provision in the Constitution to provide reservations to General Category.

The Bench further explained that “Open Category” or “General Category” is not a category that remained after subtracting the categories to whom Vertical Reservation has been provided but Open or General Category includes all, irrespective of caste, colour, creed, language, region, sex, or religion. Everybody is free to compete and contest, on his/her own merit, including categories provided the benefit of Vertical Reservation, it added.

"Therefore, respondent No.5 was eligible to contest and hold the post of President/Chairperson of the Municipality reserved for ‘women’ belonging to General Category", the bench maintained.

Hence, the Cout dismissed the plea application of the Petitioner.