Mohan Kunwar vs State Of Uttar Pradesh And Others

Sudhanshu Dhulia, J

Petitioner before this Court claims his descendant to a freedom fighter from the side of his mother and hence claims benefit of reservation in service being dependent of freedom fighter, where admittedly 2% horizontal reservation is given to the dependents of freedom fighters.

The petitioner is the grand-son of a freedom fighter, however, he is not being given the benefit of being dependant/grand-son of a freedom fighter for the simple reason that he claims his descendant to a freedom fighter not through his father but through his mother. This is also the reason assigned in the counter affidavit filed by the State, which has been filed by the Sub Divisional Magistrate, Dunda, District Uttarkashi.

A Division Bench of Allahabad High Court in the case of Isha Tyagi v. State of U.P. and others, 2014 (6) AWC 6138 has made elaborate discussion as to the purpose behind making 2% horizontal reservation for the dependants of freedom fighter in Government service, which was broadly in recognition of the seminal contribution of freedom fighters in our freedom struggle, and in that light the granddaughters or grandsons who claim their lineage through their mother should not be denied the benefits. It was stated as under :

"The basis and object of the horizontal reservation of 2% is to reognise the seminal role in the freedom struggle played by freedom fighters. It is in recognition of their contribution to the freedom struggle that a benefit of reservation is extended to descendants of freedom fighters. This being the rationale, there is no reason or justification to exclude a married daughter and consequently the children of a married daughter. Once a decision has been taken to extend the benefit of horizontal reservation to descendants of freedom fighters, whether the descendant is a son or a daughter should make no difference whatsoever. In fact, any discrimination against a daughter would be plainly a discrimination on grounds of gender. The guarantee under Article 15 of the Constitution is broad enough to encompass gender discrimination and any discrimination on grounds of gender fundamentally disregards the right to equality, which the Constitution guarantees."

Relying on the above decision of the Division Bench of Allahabad High Court in the case of Isha Tyagi (supra), this Court in Writ Petition (M/S) No. 2794 of 2017 (Smt. Savitri Devi Bora and another v. State of Uttarakhand and others), decided on 12.07.2019 has held that a grand-son or grand-daughter who claims his/her lineage through mother cannot be denied the benefit of 2% horizontal reservation being a "dependant of freedom fighter".

Learned counsels for the parties have submit that the facts of the present case is squarely covered with the judgment passed by this Court in Writ Petition (M/S) No. 2794 of 2017 (Smt. Savitri Devi Bora and another v. State of Uttarakhand and others) and this writ petition may also be disposed of in the same terms.

In view thereof, writ petition stands disposed of in terms of the judgment passed by this Court in Writ Petition (M/S) No. 2794 of 2017 (Smt. Savitri Devi Bora and another v. State of Uttarakhand and others), decided on 12.07.2019.