1997 Supreme(SC) 1114

1998(5) Supreme 339
Supreme Court of India
(Under Art. 32 of the Constitution of India)
S.B. Majmudar & D.P. Wadhwa, JJ.
Jagdish Negi, President, Uttarakhand Jan Morcha & Anr. -Petitioners
versus
State of U.P & Anr.                                                    -Respondents
Writ Petition (C) No. 534 of 1996
Decided on 21-8-1997
Counsel for the Parties :
For the Petitioners : Mr. Satish Chandra, Senior Advocate, N.S. Bisht, Advocate.
For the Respondents : Mr. A.B. Rohtagi, Senior Advocate (Ms. Madhu Moolchandani and Ms. Sushmasuri) Advocates (N.P.) and Mr. R.B. Misra, Advocate.

Very Important Point
If the residents of Uttarakhand and Hill Regions in U.P. are to be treated as socially and educationally backward classes of citizens for a given year, in future, (like that of in 1996-97) such decision should be taken by State well in advance and should be published at appropriate time for availing 27 reservations under U.P. Reservation Act, 1994 for admissions in Medical Colleges, Agricultural Colleges and in Govt. services by such residents of that area.

Headnote:(i) U.P. Public Services (Reser­vation for Scheduled Castes and Sched­uled Tribes and other Backward Classes) Act, 1994-Reser­vations - 27 reservation for socially and educationally backward classes of citizens in U.P. as per the U.P. Reservation Act, 1994 - Extended to admissions in Medical Colleges in the State of U.P. from year to year-Contention that it is arbitrary and unconstitutional - Prayer that State of U.P. should be directed to make available the scheme of reservation for Uttarakhand Residents without any time limit-Whether permissible? (No). (Constitution of India-Article 32-Public Interest Litigation).

       Held : A conjoint reading of the decision in A.K. Gupta, JT 1995(5) SC 505 and the letters dated 27.02.96 and 08.01.97 of Secretary as noted earlier leaves no room for doubt that according to the first respondent-State the residents of hill areas and Uttarakhand in State of U.P. were entitled to be treated as socially and educationally backward class of citizens and were accordingly entitled to be considered for reserva­tion of seats in medical colleges against 27 per cent reservation quota available to that class of citizens. Once that conclusion is reached the first contention of learned senior counsel for the peti­tioners loses much of its efficacy as till the current year, according to the first respondent-State, residents of Uttarakhand region and hill areas are being treated as socially and educationally backward classes of citizens who would obviously be entitled to be considered along with other citizens falling in this class towards grant of 27 per cent reservation in medical colleges. (Para 15)

       It is, however, not possible to agree with the contention of learned senior counsel for the petitioners that such reser­vation should continue without any limitation or there cannot be periodical review about the said reservation policy. (Para 16)

       Consequently held that the first respondent is bound to treat the residents of Uttarakhand and hill areas as socially and educationally backward class of citizens all throughout from 1974 till date, in the light of its own policy decision reflected by the above referred communications issued by the Secretary of the U.P. State from time to time. However it is open to the first respondent to review the situation from time to time and to take its own policy decision in the light of relevant material available to it in future as to whether residents of Uttarakhand and hill region have continued to remain socially and educationally backward class of citizens for earning the statutory benefit of 27 reservation envisaged by the Reservation Act or have ceased to belong to that reserved category of citizens. Such an exercise is perfectly legitimate and permissible to the first respondent and hence it is not possible to agree with the learned senior counsel for the petitioners that reservation for citizens of hill regions must be made available to them without any limitation of time so long as Reservation Act remains on the Statute Book. The first contention is decided accordingly. (Para 18)

       (ii) U.P. Public Services (Reser­vation for Scheduled Castes and Sched­uled Tribes and other Backward Classes) Act, 1994-Reser­vations-27 reservation under for socially and educationally backward classes of citizens in U.P.-Extended to residents of Hill and Uttarakhand Areas for Medical College admissions for year 1996-97-Under consideration for admis­sions in agricultural colleges-Whether unfair? (Yes)-Should a direc­tion be issued? (No for year 1996-97 as admissions over but yes for future year 1997-98).

       Held : It is obvious that when the State itself in its wisdom has considered residents of the aforesaid areas as socially and educationally backward for being included for consideration towards 27 per cent reservation available to that class for admission in medical colleges, afortiori they have to be considered eligible for being included in this said quota of reservation of 27 per cent, while considering their claims for admission to agricultural colleges. The stand of the respondent-State that it is still considering their claims for such reservation to agricultural colleges for the year 1997, to say the least, is totally inconsistent and nothing short of being treated as arbitrary and illegal. However, this conclusion of ours cannot given any substantial benefit to the petitioners as the admissions to agricultural colleges for current year are already finalised. All that we can direct is to the effect that if in future for the year 1998 onwards, State takes a decision that residents of Uttarakhand and hill regions of the State are to be still considered as socially and educationally backward class of citizens for these relevant years, then for the academic year concerned the State must take to prompt decision in this connection at least three months prior to starting of academic terms for medical and other educational courses including agricultural education to be imparted in the Govern­ment institutions in the State and such decision should be properly published in news­papers having wide circulation in the concerned re­gions of the State so that residents staying in those regions can know well in advance about the approved policy of the State in this connec­tion. It is obvious that such a decision has also to be properly and promptly conveyed to all authorities, concerned with the imparting of education in different colleges situated in the State and who are required to follow the policy of reservation as envisaged by the State. Such a decision to be taken by the State in future years should be uniformly applied to all types of academic education courses not merely confined to medical courses conducted at Government colleges and other institutions covered by the reservation scheme for admis­sions. The second contention, therefore, is found to be well sustained, though it cannot result in further directions to the State for the current year 1996-97. It stands accepted to the limited extent, by directing the first respondent-State to regulate its future course of action for years 1997-98 onwards as indicated hereinabove. (Para 19)

       (iii) U.P. Public Service (Reser­vation for SC and ST and OBC) Act, 1994 - Reser­vations - 27 reser­vation under for socially and educationally back­ward classes of citizens in U.P.-Not made available to residents of Ut­tarakhand so far as Govt. ser­vices are concerned which is unconstitu­tional-Whether correct? (Fac­tually not correct so rejected).

       Held : Relying on the aforesaid assertion it was submitted by learned senior counsel for the first respondent-State that towards the 27 per cent reservation in Government services available to socially and educa­tionally backward classes of citizens in State of U.P., the residents of hill and Uttarakhand region also are included. The whole State has been taken as a unit and on the basis of the comparative density of population in the hill regions vis-a-vis remaining parts of the State appropriate and proportionate reservation out of 27 per cent quota is made available to socially and educationally backward residents of hill areas and Uttarakhand areas. Therefore, the policy of the reser­vation even so far as Government services are concerned is also made available to the residents of this area by treating them as socially and educationally backward classes of citizens. In view of afore­said stand taken by the learned senior counsel for the respondents, which could not be factually controverted by the petitioners, it becomes obvious that the policy of reservation of 27 per cent for socially and educationally backward classes of citizens as envisaged by the Reservation Act has ensured for the benefit of the residents of Uttarakhand and hill regions also. Therefore, it cannot be said that the said benefit is not available to the residents of this region as erroneously assumed by the learned senior counsel for the petitioners. The third contention is not well sustained factually and, therefore, has to be rejected. (Para 22)