Hon’ble V.K. Shukla, J.—The petitioner has rushed to this Court with request to quash the order dated 2.8.2011 communicated to him informing and intimating that seat details have been again looked into and have been found to be in order, and further to accord admission in B. Tech Course-2011 at HBTI, Kanpur

2. Factual matrix of the case is that Mahamaya Technical University, NOIDA, Gautam Budh Nagar conducted U.P. State Entrance Examination-2011 (UPEE-2011) for the purposes of providing admission in B. Tech courses and other similar courses in the State of U.P. Advertisement was issued in this direction and the last date for receipt of application form was 4.3.2011; the date of examination scheduled to be held was 16-17.4.2011. The Information Brochure so published contained details of the procedure for selection and reservation provided to the different categories, horizontal and vertical in nature as well as intake of different colleges for which entrance examination was to be conducted.

3. Pursuant to the aforesaid advertisement the petitioner applied for consideration of his candidature in the category of Freedom Fighter. Paragraph 9 of the Brochure provides for reservation. Paragraph 9.1 deals with vertical reservation regarding S.C., S.T. and OBC and Paragraph 9.2 deals with horizontal reservation of different categories, such as (a) dependents of Freedom Fighter, (b) sons/daughters of defence personnel of U.P. either retied or killed/disabled in action or defence personnel posted in U.P., (c) Handicapped/Disabled of U.P. and (d) Girls of U.P. In paragraph 9.3. it was mentioned that except for the girl students, male candidates have to opt for only one category of horizontal reservation and the same has to be properly mentioned in the OMR and also at the time of admission on proforma certificate. Paragraph 9 of the information Brochure is quoted below:

9. Reservations

9.1 Vertical Reservation (Category)

Category Percentage of Reservation

(a) Scheduled Caste of U.P. 21%

(b) Scheduled Tribe of U.P. 02%

(c) Other Backward Classes of U.P. 27%

9.2 Horizontal Reservation (sub-category available in each category):

Sub-category Code Maximum percentage

of total seats

(a) dependents of Freedom Fighter from U.P. UPFF 02%

(b) sons/daughters of defence personnel of UPAF 05%

U.P. either retied (superannuated) or killed/

disabled in action or defence personnel

posted in U.P.

(c) Handicapped/Disabled of U.P. UPHC 03%

(d) Girls of U.P. UPGL 20%

4. Petitioner submits that he qualified the written examination and his rank was 3675, and has further proceeded to mention that in U.P. dependents of Fighter Freedom category, he obtained 9th place. Petitioner submits that in the counseling, he locked as his first choice the HBTI Kanpur in Computer Science and Engineering and as second choice in the same institution in Electronics and Engineering, and third choice at the same institution was in Mechanical Engineering. Petitioner has stated that he has not been able to get any seat in HBTI Kanpur, rather he has been allocated Institute of engineering and Technology at Sitapur Road, Lucknow. On verification, petitioner found that in HBTI Kanpur out of 478 seats, admission has given to only 443 students, and the dependents of Freedom Fighter were only four from the general category, and thereafter one seat has been allotted in favour of OBC Freedom Fighter. The petitioner has also obtained reservation chart from the Website of the College. A perusal of the aforesaid chart makes it clear that in HBTI Kanpur reservation to the general category in freedom fighter out of 9 seats, 4 were reserved for general, 2 for OBC and 2 for SC category. The chart further goes to show that 4 seats of general category have been filled up and only one seat of OBC has been filled up and no one turned up from SC category. The petitioner has further proceeded to mention that the petitioner having secured 9th place in Freedom Fighter category, he was