ASHUTOSH KUMAR TRIPATHI Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS writ petition has been made to obtain an appropriate direction upon the Registrar General of this High Court to keep 2% of the posts in direct recruitment to U.P.H.J.S.- 09 reserved for the candidates of dependent of freedom fighters. The learned counsel has relied upon U.P. Public Services (Reservation of Physically Handicapped, Dependence of Freedom Fighters and Ex-servicemen) (Amendment) Act 1997. He said that by way of amendment in Section 3 (1) there shall be reservation at the stage of direct recruitment in public services i.e. two per cent of vacancies for dependents of freedom fighters and one per cent of vacancies for ex-servicemen.

(2.) HOWEVER , we have considered the Constitution Bench judgement of the Supreme Court reported in 2000 (IV) SCC 640 State of Bihar and another Vs. Bal Mukund Sah and others which speaks as follows:-