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2. Upon a request being sent by the Director, Higher Education, U. P., the Uttar Pradesh Higher Education Service Commission issued Advertisement Nos. 30, 31 and 32 jointly inviting applications for the post of Lecturer in different degree colleges and post graduate colleges for appointment of Lecturers in different institutions all over the State. A copy of the advertisement has been filed as Annexure-1. According to the advertisement, total of 82 vacancies for the post of Lecturer in Hindi were advertised and the break up given was 41 posts for General category, 22 posts reserved for Other Backward Caste category, 17 posts reserved for the Scheduled Caste category and 2 posts reserved for the Scheduled Tribes category. The advertisement further mentioned that the reservation applicable for physically handicapped, dependents of freedom fighters and ex-service men was also applicable in the selection. According to both the petitioners, they had applied under the category of dependents of freedom fighters, but the respondents had illegally not applied the reservation in accordance with law for the dependents of freedom fighters and therefore, they were being illegally deprived from being considered under the said category.

8. The Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-servicemen) Act, 1993 (in short referred to as U.P. Act No. 4 of 1993) was promulgated and came in to force with effect from 30.12.1993. According to Section 3 of the U.P. Act No. 4 of 1993, it was provided that there shall be reserved 5% of vacancies at the stage of direct recruitment in favour of the physically handicapped, dependents of freedom fighters and ex-servicemen. Subsection (2) of Section 3 of U.P. Act No. 4 of 1993 provided that the respective quota of the categories shall be such as the State Government may from time to time determine by a notified order. Further, sub-section (3) of Section 3 of U.P. Act No. 4 of 1993 provided the manner in which the reservation was to be applied. For sake of convenience, Section 3 of U.P. Act No. 4 of 1993 is quoted hereunder:

3. Reservation of vacancies in favour of physically handicapped etc.--(1) in public services and posts in connection with the affairs of the State there shall be reserved five per cent of vacancies at the stage of direct recruitment in favour of:
(i) physically handicapped
(ii) dependents of freedom fighters, and
(iii) ex-servicemen (2) The respective quota of the categories specified in subsection (1) shall be such as the State Government may from time to time determine by a notified order.

12. The Apex Court in the case of Indira Sawhney v. Union of India , has explained the concept of 'vertical reservations' and 'horizontal reservations'. It would be but appropriate to quote para 95 of the Apex Court Judgment in Indira Sawhney's case (supra):

We are also of the opinion that this rule of 50% applies only to reservations in favour of backward classes made under Article 16(4). A little clarification is in order at this Juncture: all reservations are not of the same nature. There are two types of reservations, which may, for the sake of convenience, we referred to as 'vertical reservations' and 'horizontal reservations'. The reservations in favour of Scheduled Castes, Scheduled Tribes and other backward classes (under Article 16(4)) may be called vertical reservations whereas reservations in favour of physically handicapped (under Clause (1) of Article 16) can be referred to as horizontal reservations. Horizontal reservations cut across vertical reservations--what is called interlocking reservations. To be more precise, suppose 3% of the vacancies are reserved in favour of physically handicapped persons; this would be a reservation relatable to Clause (1) of Article 16. The persons selected against this quota will be placed in the appropriate category; if he belongs to S.C. Category he will be placed in that quota by making necessary adjustments; similarly, if he belongs to open competition (O.C.) category, he will be placed in that category by making necessary adjustments. Even after providing for these horizontal reservations, the percentage of reservations in favour of backward class of citizens remains--and should remain--the same. This is how these reservations are worked out in several States and there is no reason not to continue that procedure.