(1) THE petitioner who appeared for the Combined Pre-Medical Test of 1994 held in the State of U.P. challenged a circular issued by the Lucknow University based on a letter dated 17/5/1994 issued by the secretary, government of U.P. It was claimed that reservation of 65% general seats in the medical colleges was violative of the constitutional guarantee under Articles 16, 14, 19 and 21 of the Constitution and the ratio laid down by this court in Indra Sawhney v. Union of India. After the petition was filed the government issued another notification on 17/12/1994 clarifying its stand in respect of reservations. The relevant portions of it are extracted below:

"IN continuation of GO No. 2697/Sek-14/V-94/LLL/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 dependants of freedom-fighters 05 per cent

2. Sons/daughters of deceased/disabled 02 per cent

soldiers

3. Physically handicapped candidates 02 per cent

4. Candidates belonging to hill areas 03 pe