JUDGMENT

B.P. JEEVAN REDDY, J.- These writ petitions highlight the faulty manner in which reservations have been provided and implemented by the a Government of Uttar Pradesh and its authorities in the matter of admission to ^ medical courses for the year 1994-95. Though the dispute pertains to the academic year 1994-95, we are told that the admissions have been made only in June-July 1995 and are yet to be finalised in respect of certain courses.

2. The story begins with the announcement of policy of reservation in the matter of admission to medical courses issued by the Government on 17-5-1994. According to this notification, sixty-five per cent of seats were reserved in favour of various classes/categories leaving only thirty-five per cent for open competition (OC) category. The reservations provided were to the following effect:

"1.

Backward Class

27

2.

Hill Region

3

3.

Uttarakhand Region

3 0

4.

Scheduled Caste

21

5.

Scheduled Tribe

2

6.

Real dependents of freedom fighters

5

7.

Son/daughter of soldier died in war/ handicapped soldiers

2

8.

For handicapped candidates

2

65 "

A further reservation in favour of women was also provided to the extent of thirty per cent in each of the above categories. The reservations so provided were challenged by way of a writ petition in this Court under Article 32 of the Constitution - (Swati Gupta v. State of U.P. {(1995) 2 SCC 560}). The contention of the , petitioner was that reservation of sixty-five per cent of seats was contrary to the decision of this Court in Indra Sawhney v. Union of India {1992 Supp (3) SCC 217 } and, therefore, void. Pending the said writ petition, the Government issued a notification on 17-12-1994 modifying the reservation policy contained in the notification of 17-5-1994. It would be appropriate to set out the notification dated 17-12-1994 in its entirety:

"No. 6550/Sec-14/V-111/93

Lucknow

From: Ravindra Kumar Sharma,

dated 17-12-1994

Sachiv,

Uttar Pradesh Shasan

[To: Director General,

Medical Education, Training,

U.P. Lucknow.

Medical Section-14

Sub: Reservation in seats of MBBS/BDS/BHMS/BAMS/BUMS courses to be filled through CPMT in State Allopathic Medical Colleges/K.G. Medical College, Lucknow/All State Homeopathic/Ayurvedic/Unani Medical Colleges.

Sir,

In continuation of GO No. 2697/Sec-14/V-94/l 11/93 dated 17-5-1994, on the above subject, I am directed to say clarifying the Government policy that horizontal reservation be granted in all medical colleges on total seats of all the courses to be filled through combined Pre-Medical Test (CPMT) 1994 as given below:

1.

Real dependents of freedom fighters

5

2.

Sons/daughters of deceased/disabled soldiers

2

3.

Physically handicapped candidates

2

4.

Candidates belonging to hill areas

3

5.

Candidates belonging to Uttaranchal areas

3

2. The above reservation would be horizontal and the candidates of the above categories, selected on the basis of merit, would be kept under the categories of Scheduled Castes/Scheduled Tribes/Other Backward Classes/General to which they belong. For example, if a candidate dependent on a freedom fighter selected on the basis of reservation belongs to reserved for Scheduled Caste, (he will be adjusted against the seat reserved for SC?) Similarly, if a physically handicapped candidate selected on the basis of reservation belongs to other backward class or general category, he would be adjusted against the seats reserved for other backward classes or general category.

3. I am also directed to say that vertical reservation shall be granted in all medical colleges on total seats of all courses to be filled through CPMT 1994 as given below:

(a)

Scheduled Caste candidates

21 }

30 seats in

(b)

Scheduled Tribe candidates

21 }

each category

(c)

Other Backward Class candidates

27 }

reserved for ladies

4. Other Backward Classes mean the classes mentioned in Annexure 1 of Notification No. 488/XVII-V-l-l(Ka) 8-1994 dated 23-3-1994 notified by Vidhiyaka Anubhag, Uttar Pradesh Adhiniyam No. 4 of 1994. The candidates of backward classes ment