M. Katju and M. C. Agarwal, JJ. - (1.) Heard learned counsel for the petitioner and the learned Standing Counsel.
(2.) The petitioner has prayed for a mandamus directing the District Magistrate. Chandauli to issue freedom fighter dependent certificate in favour . of the petitioner under Uttar Pradesh Public Service (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Serviceman) Act. 1993. The petitioner claims to be a grandson of a former freedom fighter. A large number of petitions are coming up before this Court in which similar prayers are being made. The freedom fight in this country ended more than 50 years ago and, in our opinion, there must be a limit to the benefits being given to the dependents of the freedom fighters. The petitioner is only 18 years of age. The petitioner has invited our attention to U. P. Public Service (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Serviceman) Act, 1993. in Section 2 (b) of the said Act the word 'Dependent1 had been defined to mean son, daughter, grandson and unmarried granddaughter of a freedom fighter. In our prima facie opinion, the provisions tn the aforesaid Act for grant of Dependent of Freedom Fighter Certificate are violative of Article 14 of the Constitution. The dependents of freedom fighters are not a privileged class over and above the ordinary public even after 50 years of end of freedom fight. However, we are not expressing any final opinion in this matter as we are issuing notice to the Union and State Governments to file reply and demonstrate how the aforesaid Act so far as it deals with the dependents of freedom fighters is constitutional.
(3.) Issue notice to the Attorney General of India and the Advocate General. U, P. Learned Standing Counsel for the Central Government and the State Government will communicate this order to the Attorney General of India and the Advocate General, U. P. They may file counter affidavit within a month.;