JEEWAN PRASAD Vs. STATE OF UTTARANCHAL AND ORS.

JUDGEMENT

(1.) ALL the above three writ petitions are a fall out of Writ Petition No. 816 (M.B) of 2002, disposed of by the earlier Bench of this Court vide order dated 11th June, 2003. Therefore, it is necessary to set out few facts concerning Writ Petition No. 816 (M.B) of 2002. Km. Shikha Agarwal is a permanent resident of Kashipur, District Udham Singh Nagar within the State of Uttranchal. A Combined Pre -Medical Test, 2002, Uttranchal was held by Bundelkhand University, Jhansi on 18th August, 2002 for total 55 seats in various Medical Colleges, situated in Uttar Pradesh. The allocation of 55 seats was as under:

(2.) ACCORDINGLY out of 33 seats for M.B.B.S. 13 seats were reserved for scheduled caste/scheduled tribes/Other Backward Classes category and 20 seats were available for General category candidates. 20% of 20 seats were available for women candidates. Therefore, under horizontal reservation 4 seats were available as reserved for women candidates. Km. Shikha Agarwal was a woman candidate from General category and she was entitled to be considered for admission under 4 reserved seats for women.

(3.) WRIT Petition No. 816 (M.B.) of 2002 came for hearing before the earlier Bench of this Court (Hon'ble P.C. Verma, Acting Chief Justice and Hon'ble M.M. Ghildiyal, J.) on 16th April, 2003. On that date the earlier Bench stayed operation of Clause (3) of Government order dated 21st June, 2002 which was not even under challenge. At this stage we quote Clause (3) of the Government order dated 21st June, 2002: