Full Judgment Text
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PETITIONER:
MS. SWATI GUPTA
Vs.
RESPONDENT:
STATE OF U.P. & ORS.
DATE OF JUDGMENT02/02/1995
BENCH:
SAHAI, R.M. (J)
BENCH:
SAHAI, R.M. (J)
SEN, S.C. (J)
CITATION:
1995 SCC (2) 560 JT 1995 (2) 438
1995 SCALE (1)480
ACT:
HEADNOTE:
JUDGMENT:
ORDER
1. The petitioner who appeared for the Combined Pre-
Medical Test of 1994 held in the State of U.P. challenged a
circular issued by the Lucknow University based on a letter
dated 17th May 1994 issued by the Secretary, Government of
U.P. It was
claimed that reservation of 65% general seats in the,
medical colleges was violative of the constitutional
guarantee Under Articles 16, 14, 19 and 21 of the Co stitu-
tion and the ratio laid down by this Court in Indira Sawhney
& Ors. v. Union of India & Ors. (1992) Supp. 3 SCC 217. Af-
ter the petition was filed the Government issued another
notification on 17.12.1994 clarifying its stand in respect
of reservations. The relevant portions of it are extracted
below:
"In continuation of G.O. No.2697/Sek14/V/-
94/III/93 dated 17.5.94 or the above subject,
1 am directed to say clarifying the Govt.
policy that horizontal reservation be granted
in all medical colleges on total seats of all
the all the courses to be filled through
combined Pre Medical Test [C.P.M.T.] 1994 a
s
given below :-
1. Real dependents of
freedom fighters 05 percent
2. Sons/daughters of
deceased/disabled
soldiers 02 percent
3. Physically handicapped
candidates 02 percent
4. Candidates belonging
to hill areas 03 percent
5. Candidates belonging to
Uttaranchal areas 03 percent
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The above reservation would be ’horizontal’,
and the candidates of the above categories
selected on the basis of merit would be kept
under the categories of Scheduled Caste/
Scheduled Tribes/ Other Backward Classes/
General to which they belong. For example.
if a candidate dependent on a Freedom Fighter
selected on the basis of reservation,belongs
to the Scheduled Caste, he will be adjusted
against the seats reserved for scheduled
caste. Similarily, if a physically handi-
capped candidate selected on the basis of
reservation belongs to other bakward class or
general category, he would be adjusted
against the seats reserved for other backward
classes or general category.
[a] Scheduled caste
candidates -21 percent] 30 per cent
[b] Scheduled tribe
candidates -02 percent] seates
] in each
[c] Other backward ] category
class candidates-27 percent] reserved
for ladies"
In the earlier circular the provision for reservation which
is relevant read as under:-
"Out of the total seats being filled up
thruogh the C.P.M.T. 1994, 35% seats are
reserved for the candidates belonging to
the general category and remaining 65% seats
shall be for the reserved categories which
are limited to the percentage mentioned
against the following categories of the
candidates :-
Percentage of the reserved seats.
----------------------------------
440
Reserved Categories
1.Backward Classes 27 (of them 30% reserved
per cent for ladies.)
2.Hilly area 3 per (of them 30 per cent
cent reserved for ladies.)
3.Uttrakhand Area 3 % (30% reserved for
ladies.)
4.Scheduled Caste 21 % (30% for ladies)
5.Schedule Tribes 2 % (30% reserved for
ladies.)
6.Actual dependents 5 % (30% percent reserved
of the freedom fighters for ladies.)
7.Daughter/sons of soldiers 2 % (30% reserved for
who became handicapped or ladies)
killed in action/war.
8.For handicapped candidates 2 % (30% reserved for
ladies.)
-----------
65 per cent
-----------
The remaining seats will be of the general category in which
30 % reservation will be for the ladies. "
2.Reservation of 65% resulting in reducing the general
category to 35% was undoubtedly violative of Article 16.
Further by reserving 30% of the general seats for ladies the
general category shrinked to 5%. But these glaring
infirmities have been rectified by the amended circular.
Reservation of 30% for ladies has now been confined to
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paragraph (3) of the amended circular. Dr. Dhawan, the
learned senior counsel appearing for the State clarified
that he has instructions to make a statement on the amended
circular that now there is no reservation for ladies in the
general category.
3. Similarly, the other defect in the circular reserving
35% seats for general category has been removed. The
vertical reservation is now 50 % for general category and
500 % for scheduled caste, scheduled tribes and backward
classes. Reservation of 15%
441
for various categories mentioned in the earlier circular
which reduced the general category to 35% due to vertical
reservation has now been made horizontal in the amended
circular extending it to all seats. The reservation is no
more in general category. The amended circular divides all
the seats in C.P.M.T. into two categories one, general and
other reserved. Both have been allocated 50%. Paragraph 2
of the circular explains that candidates who are selected on
merit and happen to be of the category mentioned in
Paragraph 1 would be liable to be adjusted in general or re-
served category depending on to which category they belong,
such reservation is not contrary to what was said by this
Court in Indira Sawhney (supra). Whether the reservation
for such persons should have been made or not was not
challenged, therefore, this Court is not required to examine
it.
4. In the result this petition is disposed of by directing
that in view of the circular issued by the Government on
17.12.1994 clarified by paragraph (2) the grievance of the
petitioner cannot be said to The interim order passed by
this Court staying the declaration of results is discharged.
443