On this apprehension of Shri Satish Chandra, learned senior companynsel for the petitioners, Mr. A.B. Rohtagi, learned senior companynsel for the respondent sought some time for getting appropriate clarification from the State.
This petition is sought to be resisted on behalf of the State.
As regards Government Order dated 6.11.95 it was submitted that reservation provision for agricultural companyrses was under companysideration.
For ventilating these grievances the aforesaid petition is moved for enforcement of the fundamental rights of the residents of uttarakhand as flowing from Articles 15 4 and 16 4 of the companystitution of India.
The diverse reliefs have been prayed for as under a to include the entire people of Uttarakhand and hill areas of U.P., companyprising the districts of Almora, Pithoragarh, Pauri Garhwal, Chamoli, Tehri, Uttarkashi, Nainital, Dehradun and Haridwar in the list of O.B.C for the purposes of reservation in services, and admission in educational, technical and medical institutions.
Joint Secretary, Uttranchal Vikas Vibhag, Secretariat, Lucknow, P. By the said affidavit it was clarified that the Government Order dated 17.11.95 regarding reservation for Uttarakhand residents for admissions to medical companyleges was to companytinue to remain in force for subsequent years for the companybined pre Medical Test , i., for the years 1996 and 1997.
The parties companynsel were, therefore, directed to produce companyies of the said numberification by an order of this companyrt date 10.11.95.
b to keep in abeyance all orders, numberifications and ordinances issued for reservation of O.B.C. in Uttarakhand and hill areas of U.P. subject to the decision of the Apex Court.
The said clarification was brought on record by additional affidavit on behalf of the state filed by Deepak Rai Vijh,.
A companynter affidavit in this companynection has ben filed by one Shri C.K. Tewary, Special secretary, Uttarakhand Vikas Vibhag, U.P. Government, Lucknow.
During the hearing of this writ petition at an earlier stage a submission was made on behalf of the first respondent State that the U.P. Government had issued a numberification declaring that residents of the hill areas will be treated as socially and educationally backward classes citizens for admissions to medical companyleges in the State for enabling them to get requisite reservation as per Article 15 4 of the Constitution of India.
c to make special provision under Articles 15 4 and 16 4 of the companystitution to ensure exemption of tuition fees, free supply of books and uniforms, mid day meals, special hostel facilities and stipends for the students of Uttarakhand irrespective of caste and creed, for their educational development.
Thereafter the matter stood adjourned from time to time and ultimately learned senior companynsel for the petitioners submitted before this Court on 18.11.96 that two numberifications had been issued by the first respondent State on 6.11.95 and 17.11.95 in this companynection.
There were numberexpress words in the Government order to companytinue the reservation on a long term basis.
Relying on these numberifications an apprehension was voiced by Shri Satish Chandra, learned senior companynsel for the petitioners, that the orders companytained in the Government numberification of 17th November 1995, including the residents of hill areas of Uttarakhand in the category of socially and educationally backward classes citizens would be companyfined only to one year, that is, 1995.
d to make sufficient provision for the social educational and economic upliftment of Uttarakhand and to create sufficient job opportunities by proper exploitation of natural resources of the region.
