- (1.) C. M. is allowed and counter affidavit filed on behalf of respondent No. 2 is taken on record.
(2.) THIS is a petition filed under Article 226 of the Constitution of India for issuance of a writ or direction for setting aside Clause iii (i) and other offending Clauses like Clause iv in the impugned scheme dated 14-1-2008 (Annexure P-1) in which all the dwelling units have been reserved only for U. T. Government employees etc. and not even one dwelling unit has been left out for general public.
(3.) MR. Amar Vivek, learned counsel appearing on behalf of the petitioner contended that the impugned scheme is ultra vires of the provisions of the Constitution. The respondents cannot reserve 100% dwelling units for U. T. Government employees alone. While referring to the eligibility as well as reservation criteria which is to the following effect:- "iii. Eligibility : (i) The applicant should be a regular employee of Chandigarh Administration or its board/corporation or Punjab and Haryana high Court or on deputation with the chandigarh Administration on the date of the opening of the scheme or should have retired in last three years from the date of opening of the scheme. IV. Reservation there shall be the following reservation:-a) 121/2% in favour of applicants belonging to Schedules Castes (SC) employees. b) 5% in favour of the other Backward classes (OBC) employees. c) 5% in favour of Ex-Servicemen employees". ;