By the Court.—We have heard Shri Raj Kumar Pandey for the petitioner. Dr. Ashok Nigam, Additional Solicitor General of India assisted by Shri S.K. Misra represents Union of India. Shri V.K. Singh, Additional Advocate General assisted by Shri A.K. Sinha appears for the State respondents. Shri B.D. Mandhyan, Senior Advocate assisted by Smt. Sunita Agarwal appears for the University.

2. The applications for B.P.Ed Entrance Examination 2008 were invited by the Deen Dayal Upadhyay Gorakhpur University, Gorakhpur for admissions to the B.P.Ed course, in the self-finance unaided educational institutions. These unaided private institutions are stated to be ten in number affiliated to the University. The advertisement for admissions to the academic session 2008-09 provided, that for the said course, the reservations as provided in the Rules of the Government of U.P will be applicable, clarifying that vertical reservations of 27% for Other Backward Classes (excluding creamy layer); 21% for Scheduled Castes and 2% for Scheduled Tribes will be provided in the entrance examination to be held on 27.6.2008.

3. The decision of the University proceeded on the basis, and in compliance of Sect