MOHAN KUNWAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Petitioner before this Court claims his descendant to a freedom fighter from the side of his mother and hence claims benefit of reservation in service being dependent of freedom fighter, where admittedly 2% horizontal reservation is given to the dependents of freedom fighters.

(2.) The petitioner is the grand-son of a freedom fighter, however, he is not being given the benefit of being dependant/grand-son of a freedom fighter for the simple reason that he claims his descendant to a freedom fighter not through his father but through his mother. This is also the reason assigned in the counter affidavit filed by the State, which has been filed by the Sub Divisional Magistrate, Dunda, District Uttarkashi.

(3.) A Division Bench of Allahabad High Court in the case of Isha Tyagi v. State of U.P. and others, 2014 (6) AWC 6138 has made elaborate discussion as to the purpose behind making 2% horizontal reservation for the dependants of freedom fighter in Government service, which was broadly in recognition of the seminal contribution of freedom fighters in our freedom struggle, and in that light the granddaughters or grandsons who claim their lineage through their mother should not be denied the benefits. It was stated as under :