Hon’ble Suneet Kumar, J.—Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Abhishek Srivastava, Sri Seemant Singh, Sri Anil Kumar Mehrotra and Ms. Shreya Gupta, learned counsel appearing for the petitioners, Sri Ajit Kumar Singh, learned Additional Advocate General, Dr. Y.K. Srivastava, learned Chief Standing Counsel, Sri Rama Nand Pandey, learned Additional Chief Standing Counsel, appearing for the State-respondent.

2. The batch of writ petitions involve common question of law and are based on similar facts, on consent, are being heard and decided together.

3. Petitioners by the instant writ petitions seek a writ of mandamus declaring sub-section (5) of Section 3 of the Uttar Pradesh Public Services (Reservation For Physically Handicapped, Dependents Of Freedom Fighters And Ex-servicemen) Act, 1993 (Reservation Act, 1993), ultra-vires of the Constitution, consequently, seek quashing of clause 8 of the impugned notification dated 16 July 2015, whereby, 2312 post of constables reserved on horizontal basis has been carried forward for subsequent selection. Petitioners, further, seek a direction to the State-respondents to prepare fresh selection list upon adjusting the selected candidates/petitioners against the carry forward posts.

4. Shri Ashok Khare, learned Senior Counsel and the counsels appearing in connected writ petitions, on instructions, made a statement that the petitioners do not raise/challenge to the candidature of candidates included in the select list but merely confine and seek selection against the carried forward posts. In other words, outcome of the writ petitions would not disturb the selected candidates, rather, petitioners seek selection against the carry forward posts. Statement is recorded and accepted.

5. The facts, inter se, parties are not in dispute. Petitioners had applied for the post of constables in Civil Police, Provincial Armed Constabulary (PAC) and Firemen, advertised by the Uttar Pradesh Police Recruitment and Promotion

Constable (Civil Police) Direct Recruitment-2013
DESIGNATION	NUMBER OF POST
Constable (Civil Police)	35500
Constable Provincial Armed Constabulary (PAC)	4033
Firemen	2077

6. The selections, a three tier process, requiring candidates to appear for preliminary examination. The successful candidate, thereafter, is required to qualify physical efficiency test and finally, successful candidate is required to appear for the main written examination. It is urged on behalf of the petitioners that they qualified all the three tests and result of the main examination was declared on 19 March 2015, which was subsequently amended on 16 July 2015. Petitioners are aggrieved for the reason that the Board did not declare the result for 2312 posts, reserved for the dependents of freedom fighters and ex-servicemen, which has been carried forward in view of sub-section (5) of Section 3 of Reservation Act, 1993 to be filled in subsequent selection, which according to the petitioners is arbitrary and discriminatory.

7. The issue that falls for determination is whether sub-section (5) of Section 3 of Reservation Act, 1993 is violative of Article 14 and 16 of the Constitution. In other words, due to non-availability of suitable candidates any of the vacancies reserved on horizontal basis can be carried forward for subsequent selections.

8. Learned counsel for the petitioner submits that the concept of vertical and horizontal reservation are substantially different and it is on such account that different language is utilized under the Acts providing for the same. The reservation for Scheduled Caste, Scheduled Tribe and Other Backward Class (SC/ST/OBC) is required to be implemented in the form of a running account from year to year on the basis of a roaster notified by the State Government, until the specified reservation is achieved; no such provi