MS. SWATI GUPTA versus STATE OF U.P. AND ORS.

Citation: [1995] 1 S.C.R. 827 · Decided: 02-02-1995 · Supreme Court of India · Bench: R.M. SAHAI, S.C. SEN · Disposal: Disposed off
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Judgment (excerpt)

MS. SWATI GUPTA 
v. 
STATE OF U.P. AND ORS. 
FEBRUARY 2, 1995 
[R.M. SAHAI AND S.C. SEN, JJ.) 
Constitution of India. Arts 16, 14, 19 and 21-Vertical rest!rvation of 
65% general seats in medical college in u:P.-Whether violative of constitu-
tional guarantees and ratio in Indira Sawhney v. Union of India, [ 1992] Supp. 
3 SCC 217-Subsequent circular of the University-Clarification regarding dif-
ferent categories-Horizontal as well as vertical reservation. 
The petitioner claimed that reservation of 65% in general seats in t 
medical colleges in U.P. was violative of Arts. 16, 14, 19 and 21 of the 
Constitution and the ratio laid down in the Indira Sawhney case. 
After filing of the petition under Article 32, the U.P. Government 
issued another notification and clarified its policy in respect of reservation 
in the medical colleges. The clarification outlined horizontal reservation 
A 
B 
c 
D 
on total seats to be filled through the five specified groups in the 
prescribed percentage fixed for each group. The candidates of the said five. E 
categories selected on the basis of merit would be kept under the categories 
of SC/ST/OBC/General to which they belonged and there was no additional 
reservation of 15% seats for them. Vertical reservation for SC/ST/OBC 
would be 21%,2% and 27% seats respectively and 30% seats in each of these 
categories would be reserved for ladies. 
Disposing of the petition, this Court; 
' 
' 
F 
HELD : 1.1 The amended circular has rectified the glaring infir· 
mities by making vertical reservations on a 50-50 basis for general and 
SC/ST/OBC categories and reservation of f5% seats i'n various other G 
categories has been made horizontal i.e. extending to all seats. [830-F-G] 
1.2 The grievance of the petitioner does not survive with the 
Government's clarification that candidates selected on merit belonging to 
the five specified horizontal group would be adjusted in general or 
reserved category depending on the category they belong to. Such reserva- H 
827 
828 
SUPREME COURT REPORTS 
[1995] 1 S.C.R. 
A tion is not contrary to what was laid in Indira Sawh11ey. [831-A] 
B 
c 
D 
E 
F 
G 
H 
I11dia Sawhney and Ors. v. Union of Indira a11d 01:5., [1992] Supp. 3 
sec 217, referred to. 
CIVIL ORIGINAL JURISDICTION : Civil Writ Petition No. 777 
of 1994. 
(Under Article 32 of the Constitution of India.) 
Ashraf Chaudhary, Ms. M. Chaudhary, Shahid Rizvi and R.N. Kesh-
wani for the Petitioner. 
Dr. Rajeev Dhawan and R.B. Misra for the Respondent. 
Pradeep Misra for the Respondent No. 3 
The following Order of the Court was delivered : 
The petitioner who appeared for the Combined Pre-Medical Test of 
1994 held in the State of U.P. Challenged a circular issued by the Lucknow 
University based on a letter dated 17th May 1994 issued by the Secretary, 
Government of U.P. It was claimed that reservation of 65% general seats 
in the medical colleges was violative of the constitutional guarantee under 
Articles 16,14, 19 and 21 of the Constitution and the ratio laid down by this 
• Court in Indira Sawhney & Ors. v. Union of India & Ors., [1992] Supp. 3 
SCC 217. After the petition was filed the Government issued another 
notification on 17.12.1994 clarifying its stand in respect of reservations. The 
relevant portions of it are extracted below : 
"In continuation of G.O. No. 2697/Sek-14/v- 94/111/93, dated 
17.5.94, on the above subject, I am directed to say, clarifying the 
Govt, policy that horizontal reservation be granted in all medical 
colleges on total seats of all the courses to be filled through 
combined Pre medical test (C.P.M.T.) 1994 as given below: 
1. Real dependents of freedom fighters 
05 percent 
2. Sons/daughtt;rs of deceased/disabled soldiers 
02 percent 
3. Physically handicapped candidates 
02 percent 
~ 
~-
,. 
~ 
.... 
SWATI GUPTAv. STATE OF U.P. 
829 
4. Candidates belonging to hill areas 
03 percent 
A 
5. Candidates belonging to Uttaranchal areas 
03 percent 
2. The above reservation would be 'horizontal' and the candidates 
of the above categories, selected on the basis of merit, would be 
kept under the categories of Scheduled Castes/Scheduled B 
Tribes/Other Backward Classes/General to which they belong. For 
example, if a candidate dependent on a Freedom Fighter selected 
on the basis of reser.vation, belongs to the Scheduled Caste, he will 
be adjusted against the seats reserved for scheduled caste. Similar-
ly, if a physically handicapped candidate selected on the basis
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