ANITA GANDHI Vs. NIDESHAK RAJYA SHAIKSHIK

JUDGEMENT

(1.) After completion of Special B.T.C. Course petitioner had applied for the post of Assistant Teacher under the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-servicemen) Act, 1993 (in short referred to as U.P. Act No. 4 of 1993). She claims to be grand-daughter of freedom fighter of Nathu Ram Gandhi. There is no dispute that grand-father of the petitioner was freedom fighter and on the basis of this strength petitioner was appointed. However, it was specifically stated that she was not entitled to be appointed on the strength of being a Freedom Fighters as she did not come within the definition of dependents of freedom fighters enshrined under Section 2(b) of the U.P. Act No. 4 of 1993. The word 'dependent' is defined under Section2(b) of the Act. According to it a son or a daughter (married or unmarried), or a son of son or an unmarried daughter of a son, of a freedom fighter is a dependent. Petitioner is a married granddaughter of the freedom fighter. She does not come under the category of dependents as indicated as a result of which her appointment was cancelled vide order dated 25.2.2008. It was stated in the impugned order that petitioner was married granddaughter of freedom fighter as such not included in the definition of dependent of freedom fighter defined under Section 2(b) of the U.P. Act No. 4 of 1993. Recovery to the tune of Rs. 23931/- is also sought from her. It is this order which is subject-matter of challenge before this Court.

(2.) Ground of challenge is that while including the grand son and unmarried grand-daughter in the category of dependents the petitioner who was married grand-daughter of the deceased freedom fighter was excluded even though she constituted same homogeneous class with dependents as defined under the Act and while excluding married grand-daughter from the definition of dependents an artificial classification has been made with no intelligible differentia and has no nexus with the object which is sought to be achieved by the Act. The intent and purpose of the Act of 1003 is to provide reservation for dependents of freedom fighter.

(3.) During pendency of the writ petition, State Government issued an amendment in the Act of 1993 on 19.8.2009. The said amendment act came into force on June 16, 2009. The following amendment have been effected which is as under :