(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 per cent

5. Candidates belonging to Uttaranchal areas 03 per cent

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 dependant on a Freedom-Fighter selected on the basis of reservation, belongs to the Scheduled Caste, he will be adjusted against the seats reserved for Scheduled Castes. Similarly, if a physically handicapped candidate selected on the basis of reservation belongs to other Backward Classes 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 per cent 30 per cent

(b) Scheduled Tribe candidates 02 per cent seats in each .

(c) Other Backward Classes 27 per cent category reserved

candidates for ladies.

5. Candidates belonging to Uttaranchal areas 03 per cent In the earlier circular the provision for reservation which is relevant read as under:

"OUT of the total seats being filled up through the CPMT 1994, 35% seats are reserved for the candidates belonging to the general category and remaining 65% seats shall be for the reserved categories which are limited to the percentage mentioned against the following categories of the candidates:

Reserved Categories Reserved Categories Percentage of the

reserved seats

1. Backward Classes 27 per cent (of them 30% reserved

for ladies).

2. Hilly area 3 per cent (of them 30 per cent

reserved for ladies).

3. Uttarakhand area 3 per cent (30% reserved for

ladies).

4. Scheduled Castes 21 per cent (30% reserved for

ladies).

5. Schedule Tribes 2 per cent (30% reserved for

ladies).

6. Actual dependants of the 5 per cent (30 per cent reserved

freedom-fighters for ladies).

7. Daughters/sons of soldiers 2 per cent (30% reserved for

who became handicapped ladies).

or killed in action/war.

8. For handicapped candidates 2 per cent (30% reserved for

ladies).

65 per cent

THE remaining seats will be of the general category in which 30% reservation will be for the ladies."

(2) RESERVATION of 65% resulting in reducing the general category to 35% was undoubtedly violative of Article 16. Further by reserving 30% of the UMED INDUSTRIES AND LAND DEVELOPMENT CO. v. STATE OF RAJASTHAN 563 general seats for ladies the .general category shrank to 5%. But these glaring infirmities have been rectified by the amended circular. Reservation of 30% a for ladies has now been confined to para 3 of the amended ci