T. S. MISRA, J. :- This petition under Art.226 of the Constitution challenging the reservation of posts in the State Judicial Service for Backward Classes and the dependants of freedom-fighters, the ex-detenus under MISA and DISIR and their dependants raise issues which are complex and indeed of far reaching consequences.

2. The petitioners are Advocates and had appeared at the State Judicial Service Examination held in April, 1978 at Allahabad. The examination was conducted to fill 150 temporary posts of which 27 posts are reserved for Scheduled Castes, three posts are reserved for Scheduled Tribes, eight posts are reserved for the dependants of the freedom-fighters domiciled in Uttar Pradesh, twelve posts are reserved for disabled Officers of Military services and 23 posts are reserved for backward classes. The advertisement issued by the Public Service Commission also mentioned that the benefit of reservation of posts meant for the dependants of freedom-fighters would also be available to those persons who were actually detained under MISA or DISIR for six months and their dependants but this benefit shall not be available to those anti-social elements who were detained under MISA or DISIR or their dependants. Further, only those persons would be considered as freedom-fighters who had actually undergone imprisonment of six months or more. The petitioners have contended that the reservation for ex-MISA and DISIR detenus and their dependants as well as the dependants of freedom-fighters is wholly unconstitutional and arbitrary. According to the petitioners, some of the MISA detenus were in fact anti-social elements (although others were detained on political grounds) and, in any case, there is no rational basis for creating a reservation for them and their dependants. It is also stated that while under detention, the MISA detenus were being paid allowance under the MISA rule and, as such, they were getting economic support from the State. With regard to the dependants of the freedom-fighters it is stated that the reservation for them is also discriminatory since many of the freedom-fighters are today in a well placed position both socially and economically. Even those who are not well off economically are being paid allowance of Rs. 300/- per month by the State apart from what they earn on their own. Moreover, the relaxation in age with regard to the ex-MISA and DISIR detenus and their dependants as well as of the freedom-fighters is discriminatory.

The petitioners also attack the reservation of posts for so-called "backward classes". According to a Government Order of the Government of

Uttar Pradesh (Annexure-3 to the writ petition), "backward classes" comprises Ahirs, Kurmis and other castes mentioned therein. The petitioners allege that many of the so-called backward castes like Ahirs and Kurmis are not economically and socially backward. Many Ahirs, Kurmis and other castes mentioned in the G.O. are big farmers and are prosperous. Many are highly educated and are occupying high offices. Others are doing well in professions such as lawyers, doctors etc.; hence it cannot be said that the entire Ahir, Kurmi or other castes mentioned in the G.O. are a backward Class within the meaning of Art.16(4). There is no economic homogeneity in these castes. As such, the argument goes on, there is no rational basis for creating reservation for them which has only been done for political motives.

3. A counter-affidavit of Prem Ram Silpkar, Assistant Commissioner, Minorities, National Integration Department, U.P. Civil Secretariat, Lucknow has been filed on behalf of the State. It is stated that the benefits of the Government Order No. 2003/40-National Integration - 6-11-77 dated 20th Aug., 1977 meant for the freedom-fighters are not available to those ex-detenus under MISA who were detained for reasons other than political and that the said G.O. in express terms excludes the anti-social elements from its scope. So far as the questi