JAGDISH NEGI, PRESIDENT, UTIARAKHAND JAN MORCHA AND ANR. versus STATE OF U.P. AND ANR.

Citation: [1997] SUPP. 3 S.C.R. 477 · Decided: 21-08-1997 · Supreme Court of India · Bench: S.B. MAJMUDAR · Disposal: Case Partly allowed

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Judgment (excerpt)

JAGDISH NEGI, PRESIDENT, UTIARAKHAND 
JAN MORCHA AND ANR. 
v. 
STATE OF U.P. AND ANR. 
AUGUST 21, 1997 
[S.B. MAJMUDAR AND D.P. WADHWA, JJ.) 
Constitution of Indici-A1ticle 32-PIL-residents of Uttarakhand and 
A 
B 
hill area:.~Judicially recognised as socially and educationally backward class 
citizens-Claim of pennanent rese1vatio11 in medical colleges-Held, State en-
C 
titled to review the situation from time to time. 
U.P. Public Service (Rese1vation for Schedule Caste, Scheduled Tribe 
and Other Backward Classes) Act, 1994-Claim of reservation in agricultural 
colleges-Directions issued to State for future admissions-Prompt decision 
to be taken, well before time. 
D 
Claim of Rese1vation in Govemment Services-State showing propor-
tionate represelltation of Uttarakhand region as compared to other areas in 
State---Claim of the Petitioners not factually made out-Contention rejected 
as benefit is already made available. 
E 
The Petitioners moved a writ petition on behalf of the people of nine 
hill district comprising of Almora, Pithoragarh, Pauri Garhwal, Chamoli, 
Tehri, Uttarkashi, Nainital, Dehradun and Haridwar in the Uttarakhand 
region seeking the benefit of enforcement of the reservation policy adopted 
by the Respondent- U.P. Government. 
F 
The Petitioners contended that despite the fact that they were treated 
as socially and educationally backward citizens entitled to 27% reservation 
under the· U.P. Public services (Reservation For Schedule Castes, 
Scheduled Tribes and other Backward Classes) Act, 1994, the reservations G 
in medical colleges in State of U.P. were continued from year to year and 
that the said action of the State is totally arbitrary and unconstitutional, 
that the first respondent should be directed to make available the scheme 
of reservation without any time limit so long as the Reservation Act 
continues to operate in the State, that Delhi though the benefit of reserva-
tion is available in medical courses from year to year, it is not available in H 
477 
478 
SUPREME COURT REPORTS (1997) SUPP. 3 S.C.R. 
A admissions relating to agricultural courses which is discriminatory, m:-
reasonable and unconstitutional, and that the benefit of 27% reservation 
is not made available to the Petitioners in the Government services and it 
amounts to denial of equal opportunity to these class of citizens and that 
it is unconstitutional. 
B 
The Respondent-State submitted that though the statutory scheme 
of 27% reservation is available to socially and educationally backward 
citizens in U.P. and Uttarakhand but they cannot be so treated for all times 
to come, that so long as they are so treated by the State 27% reservation 
will be availabl.e to them along with their counterparts residing in the 
C plains, that the policy of reservation has to be operated yearwise and not 
perpetually, that for admission in the agricultural courses the State had 
not yet decided as to whether that benefit should be made available to the 
Uttarakhand residents, that in the case of Government services also even 
though the Petitioners fall under socially and educationally backward 
classes the entire 27% cannot be given and it depends upon the propor-
D tionate percentage of population residing in Uttarakhand areas as com-
pared to others living in plain and that the whole State has been taken as 
one unit and on the basis of the comparative density of population in the 
hiU regions vis-a-vis remaining parts of the State appropriate and propor-
tionate reservation out of 27% quota is made available to socially and 
E educationally backward residents of hill areas and Uttarakhand areas. 
~lowing the Petition partly, the Court 
. HELD : 1. The State is bound to treat the residents of Uttarakhand 
and hill areas as socially and educationally backward class of citizens from 
F 1974 till date, in the light of its own policy decisions. However, it is open 
. to the State to review the situation from time to time and to take its own 
policy decision in the light of relevant material available to it in future. 
Such an exercise is perfectly legitimate and permissible and hence it is not 
possible to hold that the reservation for citizens of hill regions must be 
G made available to them without any limitation of time. [ 492-A-C] 
Indra Sawhney & Ors. v. UOI & Ors., [1992] Supp. 3 SCC 217; State 
of U.P. v. Pradip Tandon & Ors., [1975] 2 SC~ 761; Anil Kumar Gupta etc. 
v. State of U.P. & Ors., JT (1995) 5 SC 505, rel

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