Yatindra Singh, J. - (1.) Does a candidate in order to qualify as a dependent of a freedom fighter, should be financially dependent upon him? What is the interpretation of the word 'dependent' In the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993 (the 'reservation Act). This is the main question in these four writ petitions. This is how it arises. FACTS
(2.) Admissions to Medical Colleges in the State are made on the basis of a competitive examination known as Combined Pre-Medical Test (CPMT). The CPMT is conducted every year and was held this year in July, 1999 (CPMT-99). There is reservation in admissions in the medical colleges. The brochure issued by the respondents states that all rules relating to reservation in the State will apply. It further provides 5% of horizontal reservation for actual dependents of freedom fighters. The brochure also includes format of the certificates to be submitted by a candidate, while claiming reservation. The certificate No. 6 of clause 5 of the brochure deals with a dependent of a freedom fighter. The format indicates that an officer of the State has tc certify that : * There is a person, who is a freedom fighter within the meaning of the Reservation Act ; * The candidate is a son or a daughter (unmarried or married), or son of a son or unmarried daughter of a son, of that person (freedom fighter) ; and * He (the candidate) is his dependent under the Reservation Act.
(3.) Petitioners appeared in the CPMT-99 in the reserved category of 'dependents of a freedom fighters'. The results of the CPMT-99 were declared in August. 1999 and the successful candidates were called for counselling. The petitioners were also called for counselling in this category. They produced certificates from the designated officers. All certificates indicated that their grandfather was a freedom fighter within the meaning of the Reservation Act and they arc son's son or unmarried daughter of a son of such freedom fighter. This was sufficient for claiming benefits under the Reservation Act. The certificates substantially certified the information required, but were not the exact replica of the format mentioned in the brochure. The certificate in the first writ petition also indicated that the petitioner is also dependent of the freedom fighter within the meaning of the Reservation Act. But the certificates in the remaining three writ petitions did not so indicate.;