Rakesh Tiwari, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE petitioner has graduated from Allahabad University from arts side. An advertisement dated 13.4.2007 for holding Joint Entrance Examination for B.Ed, course for Session 2007-2008 by the Registrar Chhatrapati Shahuji Maharaj University, Kanpur for filling up 60, 000 (sixty thousand) vacancies and advertised. She applied under the category of dependant of freedom fighter in the aforesaid examination held on 22.7.2007 and secured rank No. 45459 in female category and rank No. 118897 in general category. The advertisement provide that the Rules of reservation of U.P. Government issued in this regard to reservation shall apply but when the result was declared she came to known that no horitizontal reservation of 2% in her vertical category had been determined. Aggrieved she has come up in this peti tion on the ground that reservation aforesaid not provided for dependants of freedom fighter vitiates the whole proceedings being against the Government policy and the law said to have been laid down by the State Government as well as the guidelines laid down for B.Ed, examination 2006 and C.P.M.T. ex amination held in 2007 wherein 2% reservation is provided for the category freedom fighter candidates. Aggrieved she filed the writ petition alleging that she has been awarded 216 marks in the entrance examination and if 2% reservation is granted to her then she would undoubtedly be selected for the course. At the time of admission an order dated 16.1.2008 was passed as under:- "It appears from the advertisement issued that reservation is to be granted to the candidates according to the Government order applicable in the State of U.P. Sri Neeraj Tiwri, Counsel for the petitioner states that dependent of freedom fighters were given weightage of 15 marks in the examination. Whether the weightage of 15 marks given by the University to the de pendent of freedom fighters amounts to reservation according to various Government orders is to be considered."
(3.) COUNTER and rejoinder affidavit have been exchanged. Learned Counsel for the petitioner has relied upon Annexure No. 2 in the rejoinder affidavit, which is a Government Order providing for reserva tion, (1) Physically handicapped 2%, (2) Dependent on freedom fighters 2%, and (3) Ex-army 1%. Para 2 of the Annexure No. R.A.-2 is as under: - Hindi@;