SUBJEET PAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The fate of this writ petition hinges on the reply to the question as to whether the State Government by a Government Order can include the residents/ candidates of Hill Area and Uttrakhand, as socially and educationally backward class without any distinction to the caste which they belong and include them within the reserved category of 27% for purpose of admission in certain Engineering Colleges in Uttrakhand.

(2.) Even earlier, the State Governmenthad provided reservation for the residents of hill areas in matters of employment and admission in various educational institutions, in the Hill areas but it was limmited to the extent of two or four percent. It was pointed out that as far as in the combined entrance examination for admission to Engineering Colleges are concerned, the State Government has earlier provided 4% reservation for the candidates belonging to hill areas.

(3.) The petitioner who himself belong to backward classes applied for his admission in the Combined Entrance Examination for the year 1995. According to the petitioner on the basis of the merit list prepared after the said examination, his name was mentioned at serial No. 274, 157 candidates have already been selected, but the petitioner could not be selected only for the reason that the residents of entire hill region, popularly known as Uttrakhand in Uttar Pradesh was declared by the State Government as socially and educationally backward class irrespective of what caste they belong. In view of the aforesaid Government order, the petitioner who himself belongs to backward class could not be selected for admission.