Constitution of India, 1950: Article 15.

Reservation for Candidates belonging to hill and Uttranchal areas Relatable to Article 15(4) and not to Article 15(1)-In addition to 27 percent for Other Backward Classes Held:clearly illegal. Higher Education: Admission to professional courses.

Medical Courses Reservation of seats Horizontal reservations-Over- all or compartmentalised Distinction explained Guidelines for future selection process-Laid down

The respondent Lucknow University had issued a notification calling for applications for admission to medial courses in the State in accordance with notification of May 17, 1994. The University subsequently issued a corrigendum stating that the extent of reservation in favour of five categories viz. (1) actual dependents of freedom fighters-5% (2) sons/daughters of soldiers/deceased/disabled in war 2% (3) Physically handicapped. 2% (4) candidates of hills areas - 3%. and (5) candidates of Uttrakhand area -3% (referred to as "Special categories") shall be horizon- tal reservations and not vertical reservations. Vertical reservations for Scheduled Castes Candidates-21%, Scheduled Tribe Candidates - 2% and other Backward Class Candidates -27% have also been provided.

The respondent Lucknow University issued a corrigendum calling upon the candidates applying under these special categories to specify to which social reservation category do they belong. They were asked to specify whether they belonged to Scheduled Tribes, Scheduled Castes, Other Backward Classes or to open competition category, as the case may be. Out of the 2130 candidates who had applied against the five special reservation categories, only nine stated that they belong to Other Back- ward Classes. None stated that they belong to Scheduled Tribes or Scheduled Castes which meant that, but for nine candidates, all the rest applying under the aforesaid special categories were from the general/non- reserved category. 110 out of 112 special reservation candidates have been accommodated only in O.C. category and none in the O.B.C., S.C. or S.T. category.

Aggrieved by the above method of filling of seats the petitioners preferred the present writ petitions.

On behalf of the petitioners it was contended that 110 seats were taken away from the open competition category (O.C.), that the special reservation seats are to be distributed proportionately among the vertical reservation categories, and that only fifty four special category candidates ought to have been accommodated with open competition and not 110.

On behalf of the respondents it was contended that 110 candidates belonging to special categories were first adjusted against O.C. category, that 263 seats were filled by General candidates; and that reservation in favour of special category is overall and not compartmentalised.