Hon’ble P.K.S. Baghel, J.—This petition has been made under Article 226 of the Constitution by a dependent of a freedom fighter. She is seeking quashing of the order dated 8.6.2017 passed by the Principal, District Institute of Education and Training, whereby her claim for appointment under the quota of freedom-fighters has been rejected.

2. The foundational facts are briefly stated; the State Government issued an order inviting applications for the recruitment of 72825 trainee teachers in the State. Pursuant thereto the District Basic Education Officers of different districts of the State invited applications from eligible candidates for the appointment to the posts of trainee teachers. The petitioner claims that since she possesses essential qualification in terms of the advertisement and the relevant rules, she applied in as many as 40 districts including District Azamgarh for consideration for her appointment to the post of trainee teacher.

3. The petitioner is graduate and she did her B.Ed.. She has also passed UP TET-2011 (Primary Level) and has secured 98 marks. She belongs to Other Backward Classes (OBC) category.

4. The petitioner claims that her mother Smt. Pushpa Devi is the daughter of Late Hardev Singh son of Late Matadin who was the freedom-fighter and has been issued a freedom-fighter certificate by the District Magistrate, Ghazipur. A copy of the said certificate is on the record.

5. Under the provisions of the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters, Ex-servicemen) Act, 1993 (The Act, 1993) in public services and posts two percent of vacancies are reserved for the dependents of freedom fighters. However, under the definition of the dependents with reference to freedom fighters only son and daughter (married or unmarried), grandson and granddaughter of a son (married or unmarried) were entitled for the said benefit.

6. Since the children of a daughter of freedom-fighter are excluded, its validity was challenged before this Court. This Court in the case of Isha Tyagi v. State of U.P. and others, 2014(9) ADJ 331, held that denying the benefit to the children of daughters of a freedom-fighters is discriminatory and contrary to basic constitutional norms. Accordingly, the Court issued a direction that neither a married daughter nor her children would be disqualified from receiving the benefit of reservation.

7. Consequent thereupon, the provisions of the Act, 1993 were amended vide notification dated 7.4.2015 whereby the children of daughter of a freedom-fighter were also included in the definition of Section-2 of the Act, 1993. The petitioner after the amendment in the Act, 1993 applied for the certificate of dependent of freedom-fighter which was duly issued to her by the District Magistrate on 19.6.2015.

8. On the basis of the said certificate and the law laid down by this Court in Isha Tyagi (supra) she made a representation to the Director, State Councill of Educational Research and Training, but it has failed to elicit any response from him. The petitioner preferred Writ-A No. 62631 of 2014, Km. Monika v. State of U.P. and others). In the said writ petition an interim order was passed on 21.11.2014 allowing her to appear in the ongoing counselling of trainee teachers 2011 provisionally.

9. On 14.4.2015 the District Basic Education Officer (BSA), Azamgarh notified the cut-off merit for consideration for different categories and fixed 16.4.2015 the date of counselling. The cut-off marks for the women candidates belonging to dependents of freedom-fighters was notified to be 91. The petitioner had passed her UP-TET, wherein she has secured 98 marks thus she was fully eligible for the appointment.

10. The petitioner was compelled to file again a writ petition being Writ-A No. 24042 of 2015. Both of her writ petitions were decided by a common judgment and order dated 30.3.2017 leaving it open to the petitioner to make a representation before the