The main legal point established in the judgment is the correct application of reservation rules, particularly the horizontal reservation for sports quota under U.P. Act No. IV of 1994.

( 1 ) THIS bunch of writ petitions raise common questions, hence are being decided by this common judgment. In Writ Petition No. 34039 of 2001, counter-affidavit, supplementary counter-affidavit, rejoinder-affidavit and supplementary rejoinder-affidavit have been filed and pleadings of both the parties have been brought on record in details, hence the pleadings are being referred from that writ petition.

( 2 ) IN view of the fact that the affidavits have been exchanged, both the parties have agreed that all the writ petitions be finally decided. Consequently, with the consent of the parties, all the writ petitions are being finally decided.

( 3 ) I have heard Sri Vijay Bahadur Singh, senior Advocate, Sri S. M. A. Qazmi, Sri V. K. Shukla, sri Om Prakash Misra, Km. Arm Jalswal and Sri Vijai Sinha for the petitioners and Sri satyandra Nath Srivastava, learned standing counsel for the respondents.

( 4 ) THE facts of the case which emerge from the pleadings of the parties are that an advertisement was issued by the U. P. Police Head Quarter, Allahabad, for direct recruitment of Sub-Inspector civil Police, Platoon Commander P. A. C. for the year 1999. A copy of the advertisement has been filed as Annexure-1 to the writ petition. By the advertisement, 1,231 posts of Sub-Inspector of Civil Police was advertised for male and 148 for female. 250 were posts advertised for platoon Commander P. A. C. (male), Advertisement also provided 2% posts to be filled up by (Khushal Khiladi) sports men. The advertisement provided that there will be relaxation in age of five years in maximum for members belonging to backward class. It also provided that there will be reservation for Scheduled Caste, Scheduled Tribes and Other Backward Classes, Freedom fighter, Ex-serviceman as provided by the Government from time to time. The advertisement further provided that there will be Preliminary qualifying examination which will be held under the supervision of the Superintendent of Police of each district. Qualifying examination was for total 800 marks and it was provided that securing fifty percent marks was essential for becoming eligible for physical test. Physical test was for 100 marks which was required to be passed by each candidate according to the requirement as mentioned in the advertisement. Those candidates who have passed preliminary qualifying examination and physical test were to be allowed to appear in the main written examination. The main written examination was for 600 marks and each candidate is required to have 40% marks for passing. The selected candidate of the written examination were required to appear for interview and medical test. All the petitioners applied against the advertisement. It has been stated in the counter-affidavit that total 1,178 candidates were declared to have passed in the main written examination and in the final result declared on 6. 7. 2001, only 1. 006 candidates were declared finally selected. The names of the petitioners were not included in the final select list dated 6. 7. 2001, hence they filed the present writ petitions.

( 5 ) IN the counter-affidavit, the respondents have given details pertaining to the candidates belonging to different categories who were finally selected and the percentage of reservation fixed according to number of posts. According to the respondents, total posts for Sub-Inspector civil Police were 1,231 (male) + 148 female (ten percent posts were referred to be reserved for women ). According to the respondents, the advertisement for 1,634 posts was published containing 1,231 male + 148 (female) Sub-Inspector Civil Police and 255 Platoon Commander. It was stated that according to the policy of the 5tate, 2% posts were reserved for sportsmen, hence against 1,478 posts 3f Sub-Inspector, 2%. i. e. . 29 posts of Sub-Inspector were earmarked for sportsmen and five posts of Platoon Commander in sports quota. It was thus stated that 1350 posts were for Sub-Inspector. Civi