ANAND KUMAR DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the opposite parties.

(2.) The only controversy in the present writ petition is whether the petitioner is entitled to the reservation of 2% quota in the admission to the course of M.B.A., the admission test of which was held by the Moti Lal Nehru Regional Engineering College, Allahabad (M.N.R.E.C. for brief) under the U. P. Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993 (hereinafter refer.-ed to as the Act for the sake of brevity).

(3.) Learned counsel for the petitioner has drawn the attention of the Court to Annexure-3 to the writ petition which is a letter addressed to all the departments of the State enclosing therewith the G.O. dated 10.5.1991 of Karmik Anubhag 2 bearing No. 18/1/95-Ka-2/95. By this G.O., the attention of the departments of the State was drawn to the provisions of sub-section (2) of Section 3 of the Act regarding ensuring compliance of the provisions of the Act with respect to giving effect to the quota according to the percentage. The case of the present petitioner comes within the category of dependents of the freedom fighters which was fixed as 2%. This G.O. simply asked the Departments to implement the provisions of the Act. While forwarding the letter with this G.O., the word 'services' was mentioned. Thereafter by inserting oblique, the word 'admission, etc.' was also written. It is this word 'pravesh' or admission which has created controversy. In the G.O. dated 10.5.1995, there is no such word as services/admission. Since the G.O. has been issued under the provisions of the above Act. therefore, the Act has to be looked into. It may be mentioned here that by letter dated 24.7.2000, Annexure-5 to the writ petition, the institution M.N.R informed the petitioner as follows ;