AJAY KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Anil Tiwari learned counsel for the petitioner, Sri Neeraj Tripathi learned Additional Advocate General representing the State of U.P. and Sri Ashok Khare learned Senior Advocate assisted by Sri Kamlesh Kumar Yadav, learned counsel appearing for the private respondents.

(2.) This Larger Bench has been constituted on a reference made by the Division Bench in Writ-A No.40695 of 2005 doubting the correctness of the judgement of the Division Bench in the case of Rajeev Kumar Vs. State of U.P., 2010 7 ADJ 608 noticing that there are contrary judgements in the matter of adopting mechanism for application of horizontal reservation in respect of various categories such as women, dependents of freedom fighters, physically handicapped, Ex-servicemen in the State of U.P.

(3.) The Division Bench in the referral order has noticed that in Rajeev Kumar (supra) it has been observed that the "reservation for women has to be spread evenly for the representation of female category candidates to the extent of minimum 20% in each category". Taking note of the observations in Anil Kumar Gupta Vs. State of U.P., 1995 5 SCC 173 as noted in Rajesh Kumar Daria Vs. Rajasthan Public Service Commission & others, 2007 8 SCC 785, and the conditions of the advertisement therein, it was held therein that the horizontal reservation for women has to be given category wise. Whereas, in Sheo Shankar Singh Vs. Public Service Commission,1996 AWC 1501 the Division Bench while dealing with the method of application of horizontal reservation of Ex-servicemen under the U.P. Public Services (Reservation for Physically Handicapped, Dependants of Freedom Fighters & Ex-servicemen) Act' 1993 (hereinafter referred to as Act' 1993)' noticing the observations of the Apex Court in Indra Sawhney Vs. Union of India, 1993 AIR(SC) 477, has held as under:-