Ms. Swati Gupta Vs. State of U.P. & Ors.
EmailReservation Quota for various classes for PMT – Earlier circu-lar dated 17th May 1994 under challenge in this petition clarified and amended by Notification dated 17th December 1994 – Held that earlier reservation of 65% resulting in reducing general category to 35% was undoubtedly viola-tive of Article 16 – However glaring infirmities in circu-lar dated 17.5.1994,having been rectified on 17.12.1994, the grievance of the petitioner cannot be said to survive as vertical reservation is now 50% for general category and 50% for scheduled castes, tribals and backward classes – Further candidates selected on merits would be liable to be adjusted in general or reserved category to which they belong – Interim order and stay granted earlier vacated.
CONSTITUTION OF INDIA, 1950:
Article 16 – Held circular dated 17.5.94 reserving 65% and reducing general category to 35% was undoubtedly violative of Article 16 but by reducing reservation to 50% and also making it horizontal, it is no longer contrary to the judgment in Indira Sawhney’s case.
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 50% for scheduled caste, scheduled tribes and backward classes. Reservation of 15% 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%. (Para 3)
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 Constitution and the ratio laid down by this Court in Indira Sawhney & Ors. v. Union of India & Ors. (1992) Supp. 3 SCC 217. After 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/Sek-14/V-94/III/93, dated 17.5.94, on the above subject, I am directed to say, clarifying the Govt. policy that horizontal reservation be granted in all medical colleges on total seats of all the courses to be filled through combined Pre Medical Test (C.P.M.T.) 1994 as 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
2. 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 Castes/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. Similarly, if a physically handicapped candidate selected on the basis of reservation belongs to other backward class or general category, he would be adjusted against the seats reserved for other backward classes or general category.
3. I am also directed to say that “vertical” reservation shall be granted in all medical colleges on total seats of all courses to be filled through C.P.M.T. 1994 as given below : –
(a) Scheduled caste
candidates – 21 percent ) 30
) percent
(b) Scheduled tribe
candidates – 02 percent ) seats
) 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 through 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
———
Reserved Categories
1. Backward Classes 27 (of them 30% rese-
per cent rved for ladies) .
2. Hilly area 3 per (of them 30 per
cent cent reserved for
ladies).
3. Utrakhand 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 per cent
of the freedom reserved for
fighters ladies).
7. Daughter/sons of 2% (30% reserved for
soldiers who ladies).
became handi-
capped or killed
in action/war.
8. For handicapped 2% (30% reserved for
candidates 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 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 50% for scheduled caste, scheduled tribes and backward classes. Reservation of 15% 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 reserved 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 survive. The interim order passed by this Court staying the declaration of results is discharged.
