Suneet Kumar, JHeard Sri Ashok Khare, learned Senior Counsel assisted by Sri Abhishek Srivastava, Sri Seemant Singh, Sri Anil Kumar Mehrotra and Ms. Shreya Gupta, learned counsel appearing for the petitioners, Sri Ajit Kumar Singh, learned Additional Advocate General, Dr. Y.K. Srivastava, learned Chief Standing Counsel, Sri Rama Nand Pandey, learned Additional Chief Standing Counsel, appearing for the State-respondent.

The batch of writ petitions involve common question of law and are based on similar facts, on consent, are being heard and decided together.

2. Petitioners by the instant writ petitions seek a writ of mandamus declaring sub-section (5) of Section 3 of the Uttar Pradesh Public Services (Reservation For Physically Handicapped, Dependents Of Freedom Fighters And Ex-servicemen) Act, 1993 (Reservation Act, 1993), ultra-vires of the Constitution, consequently, seek quashing of clause 8 of the impugned notification dated 16 July 2015, whereby, 2312 post of constables reserved on horizontal basis has been carried forward for subsequent selection. Petitioners, further, seek a direction to the State-respondents to prepare fresh selection list upon adjusting the selected candidates/petitioners against the carry forward posts.

3. Shri Ashok Khare, learned Senior Counsel and the counsels appearing in connected writ petitions, on instructions, made a statement that the petitioners do not raise/challenge to the candidature of candidates included in the select list but merely confine and seek selection against the carried forward posts. In other words, outcome of the writ petitions would not disturb the selected candidates, rather, petitioners seek selection against the carry forward posts. Statement is recorded and accepted.

4. The facts, inter se, parties are not in dispute. Petitioners had applied for the post of constables in Civil Police, Provincial Armed Constabulary (PAC) and Firemen, advertised by the Uttar Pradesh Police Recruitment and Promotion Board (Board) inviting applications for direct recruitment on 14 May 2013. Vacancies notified is as follows:

Constable (Civil Police) Direct Recruitment-2013 DESIGNATION

NUMBER OF POST

Constable (Civil Police)

35500

Constable Provincial Armed Constabulary (PAC)

4033

Firemen

2077

5. The selections, a three tier process, requiring candidates to appear for preliminary examination. The successful candidate, thereafter, is required to qualify physical efficiency test and finally, successful candidate is required to appear for the main written examination. It is urged on behalf of the petitioners that they qualified all the three tests and result of the main examination was declared on 19 March 2015, which was subsequently amended on 16 July 2015. Petitioners are aggrieved for the reason that the Board did not declare the result for 2312 posts, reserved for the dependents of freedom fighters and ex-servicemen, which has been carried forward in view of sub-section (5) of Section 3 of Reservation Act, 1993 to be filled in subsequent selection, which according to the petitioners is arbitrary and discriminatory.

6. The issue that falls for determination is whether sub-section (5) of Section 3 of Reservation Act, 1993 is violative of Article 14 and 16 of the Constitution. In other words, due to non-availability of suitable candidates any of the vacancies reserved on horizontal basis can be carried forward for subsequent selections.

7. Learned counsel for the petitioner submits that the concept of vertical and horizontal reservation are substantially different and it is on such account that different language is utilized under thes providing for the same. The reservation for Scheduled Caste, Scheduled Tribe and Other Backward Class (SC/ST/OBC) is required to be implemented in the form of a running account from year to year on the basis of a roaster notified by the State Government, until the specified reservation is achieved; no such provision exists for implementing the horizontal reservation. In exercise of power under sub-section (5) of Section 3 of the Act, 1994, the State Government has issued a notification dated 20 March 1994 notifying 100 point roaster. No similar notification exists with regard to horizontal reservation nor can such notification be issued in respect of horizontal reservation, which is based on an entirely different concept, viz-a-viz, vertical reservation. The purpose for implementing vertical reservation as a running account from year to year is to ultimately obtain the prescribed percentage of reservation qua the cadre strength. Upon the quota being filled up in the cadre strength, the vertical reservation is to be given up subject to fresh vacancy arising under reserved category.

8. It is further urged that another important difference between vertical reservation and horizontal reservation is that a candidate falling under the category of vertical reservation getting selected on the basis of his own merit in the open category (OC) is not entitled to be adjusted against an reserved vacancy; whereas no such principle is applicable with regard to a candidate selected under the horizontal reservation category. Whereas a candidate under vertical reservation category is eligible for consideration against open category vacancies as also vacancy under the particular reservation category to which he or she belongs, whereas, the consideration of a candidate under horizontal reservation category is a consideration limited to the vacancy under horizontal reservation category alone. It is in the context of such purpose that the provision for carrying forward of unfulfilled vacancy under vertical reservation is made. The horizontal reservation being of an entirely different category, the concept of carry forward of unfilled vacancy under horizontal reservation is wholly alien to the concept of horizontal reservation. Attention is drawn to the Government Order dated 26 February 1999, which provides for 20% reservation for women which itself clarifies that unfilled vacancy under 20% quota for women would not be carried forward to the next recruitment. Notice may also be taken of the fact that the said principle should be equally applicable to all categories of horizontal reservation i.e. dependents of freedom fighter and ex-servicemen.

9. It is finally urged by the learned Senior Counsel that sub-section (5) of Section 3 has been omitted by amendment dated 7 April 2016 (U.P. Act No. 12 of 2016), therefore, as on date there exists no provision to carry forward unfulfilled vacancy reserved on horizontal basis to subsequent selection; however, the impugned provision continues to apply to the present selection as the Amendment Act has been made prospective and not retrospective.

10. Shri Ajit Singh, learned Additional Advocate General in rebuttal submits that the petitioners had participated in the selection process, therefore, it is not open for them to turn around and assail the selections. He further submits that the carry forward rule pertaining to horizontal reservation was enacted for the benefit of the candidates belonging to special class i.e. dependents of freedom fighters and ex-servicemen etc. The provision to carry forward unfulfilled vacancies is lawful, just and does not impinge on the legal rights of the petitioners, nor violates Article 14 and 16 of the Constitution.

Rival submission fall for consideration.

11. The Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (Act, 1994) provides for vertical (social) reservation for SC/ST/OBC. Section 3 of the Act, 1994 reads thus:

"3. Reservation in favour of Scheduled Castes, Scheduled Tribes and Other Backward Classes-- (1) In Public Services and Posts, there shall be reserved at the stage of direct recruitment, the following percentage of vacancies to which recruitments are to be made in accordance with the roster referred to in Sub-section (5) in favour of the persons belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes of citizens,--

(a) in the case of Scheduled Castes Twenty-one percent;

(b) in the case of Scheduled Tribes Two per cent;

(c) in the case of other backward Twenty Seven percent;

Provided that the reservation under Clause (c ) shall not apply to the category of other backward classes of citizens specified in Schedule II.

(2) If, even in respect of any year of recruitment, any vacancy reserved for any category of persons under Sub- section (1) remains unfilled, special recruitment shall be made for such number of times, not exceeding three, as may be considered necessary to fill such vacancy from amongst the persons belonging to that category.

(3) If, in the third such recruitment, referred to in Sub- section (2), suitable candidates belonging to the Scheduled Tribes are not available to fill the vacancy reserved for them, such vacancy shall be filled by persons belonging to the Scheduled Castes.

(4) Where, due to non-availability of suitable candidates any of the vacancies reserved under Sub-section (1) remains unfilled even after special recruitment referred to in Sub-section (2), it may be carried over to the next year commencing from first of July, in which recruitment is to be made, subject to the condition that in that year total reservation of vacancies for all categories of persons mentioned in Sub-section (1) shall not exceed fifty one per cent of the total vacancies.

(5) The State Government shall, for applying the reservation under Sub-section (1), by a notified order, issue a roster which shall be continuously applied till it is exhausted.

(6) If a person belonging to any of the categories mentioned in Sub-section (1) gets selected on the basis of merit in an open competition with general candidates, he shall not be adjusted against the vacancies reserved for such category under Sub-section (1).

(7) If on the date of commencement of this Act, reservation was in force under Government Orders for appointment to posts to be filled by promotion, such Government Orders shall continue to be applicable till they are modified or revoked."

12. Section 3 of Act, 1994 provides for vertical reservation for SC/ST/OBC in direct recruitment by reserving 21, 2 and 27 percent of vacancies respectively. Any vacancy reserved remains unfulfilled, special recruitment shall be made to fill the vacancy, not exceeding three number of times. The vacancy is to be filled up from "amongst the persons belonging to that category". If the vacancy remains unfulfilled due to non-availability of suitable candidates, such vacancy may be carried over to the next year. In case suitable candidate belonging to ST is not available to fill up the vacancy reserved for them, such vacancy shall be filled by person belonging to SC.

13. The State Government in exercise of power under clause (c) of sub-section (2) of Section 46 read with sub-section (3) of the said section and Section 2 of the Police Act, 1861, framed the Uttar Pradesh Police Constables and Head Constables Service Rule, 2008. Rule 6 provides for reservation, inter alia, in terms of the Reservation Act, 1993 and the Act, 1994. Rule 6 is extracted:

"Reservation.--Reservation for candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Categories shall be in accordance with the provisions of the and the Uttar Pradesh Public Services (Regulation for Physically Handicapped, Dependents of Freedom Fighters and Ex-servicemen) Act, 1993 as amended from time to time, and the orders of Government in force at the time of recruitment. The reservation of the National/State level sportsmen shall be in accordance with the Government Orders in force at the time of recruitment :

Provided that the Physically Handicapped will not be eligible for Police Services."

The Reservation Act, 1993 provides horizontal reservation for physically handicapped, dependents of freedom fighters and ex-servicemen, in the following percentage: (i) dependents of freedom fighters-- 2% of vacancies; (ii) ex-servicemen-- 5% and (iii) physically handicapped-- 1% each for the persons suffering from blindness or low vision, hearing impairment and locomotor disability or cerebral palsy. Sub-section (1) of Section 3 is extracted:

"3. Reservation of vacancies in favour of physically handicapped etc.-- [(1) There shall be reserved at the stage of direct recruitment,--

[(i) In public services and posts two percent of vacancies for dependents of freedom fighters;

(i-a) in public services and posts other than Group A posts or Group B posts, on and from May 21, 1999 two percent of vacancies, and on and from the date on which the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) (Amendment) Act 1999 is published in the Gazette, five percent of vacancies for Ex-Servicemen.]

(ii) In such public services and posts as the State Government may, by notification, identify one percent of vacancies each for the persons suffering from,--

(iii)

(a) Blindness or low vision;

(b) Hearing impairment;

(c) Locomotor disability or cerebral palsy.]"

14. The reservations for physically handicapped is not applicable to the post of constables.

Sub-section (5) of Section 3 provides for carry forward rule of unfilled vacancies reserved on horizontal basis for further two selection years. Sub-section (5) reads thus:

"(5) Where due to non-availability of suitable candidates any of the vacancies reserved under sub-section (1) remains unfilled it shall be carried forward for further two selection years, whereafter it may be treated to be lapsed."

15. In view of sub-section (5), due to non-availability of suitable candidates the vacancies reserved for dependents of freedom fighters and ex-servicemen has been carried forward, which is under challenge.

16. In order to adjudge the validity of sub-section (5) being violative of Article 14 and 16, it would be apposite to examine the concept of vertical (social) and horizontal (special) reservation. The Reservation Act, 1993 provides for horizontal reservation to the persons belonging to the special categories mentioned therein, whereas, the Act, 1994 provides for vertical reservation. The vertical reservations is provided to SC/ST/OBC in accordance with the percentage qua cadre strength, whereas, under horizontal reservations, the person of the special category selected is to be adjusted in the category to which he or she belongs i.e. if the person belongs to SC category shall be placed in that quota by making adjustment. Similar will be the case if the person belongs to ST/OBC category. The principle of adjustment on horizontal basis is enshrined in sub-section (3) of Section 3 of Reservation Act, 1993, which reads thus:

"(3) The persons selected against the vacancies reserved under sub-section (1) shall be placed in the appropriate categories to which they belong. For example, if a selected person belongs to Scheduled Castes category he will be placed in that quota by making necessary adjustments; if he belongs to Scheduled Tribes category, he will be placed in that quota by making necessary adjustments; if he belongs to [Other Backward Classes of Citizens], category, he will be placed in that quota by making necessary adjustments. Similary if he belongs to open competition category, he will be placed in that category by making necessary adjustments."

17. On conjoint reading of the provisions of Reservation Act, 1993, and in particular Section 3, the provides horizontal (special) reservation to three class of aspirants (i) dependents of freedom fighters (ii) ex-servicemen (iii) physically handicapped persons (not relevant in the present case). The three classes have been defined in the Reservation Act, 1993. The Section provides the percentage of vacancies to be reserved for each special category. Horizontal reservation is provided at the stage of direct recruitment. Sub-section (3) clarifies that the reservations would be horizontal by making "necessary adjustment" of such special category of candidates in their respective quota i.e. OC, OBC, SC, ST.

18. Reservation Act, 1993 does not provide reservation for women, though provided in Government Order dated 26 February 1999, which is applicable on all posts under the State public services at the stage of direct recruitment. 20% of the vacancies is reserved for women candidates. The Government Order, inter alia, provides (i) that reservation for women is horizontal/special in nature; (ii) that women candidates would have to be adjusted in their respective category to which they belong; (iii) that women selected on merit would be counted against the number of vacancies reserved for women; (iv) that there being no concept of carry forward of unfulfilled vacancies for future selection, therefore, shortfall of women candidates would have to be filled by that many male candidates.

19. However, in respect of other class of horizontal reservation viz. dependent of freedom fighters, and ex-servicemen, non-availability of suitable candidates, unfulfilled vacancies would have to be carried forward for two subsequent selections and thereafter unfilled vacancies lapses. The principle of adjustment is, however, same i.e. the candidates shall be adjusted in the category/quota to which they belong as per sub-section (3) of Section 3.

20. Having noted the statutory provision, we now need proceed to briefly survey the binding precedents rendered by the Supreme Court and this Court on vertical/horizontal reservation.

21. Constitution Bench in Indira Sawhney v. Union of India, (1992) Supp3 SCC 217 explained the concept of vertical (social) and horizontal (special) reservation, which reads thus:

812. There are two types of reservations, which may, for the sake of convenience, be referred to as Vertical reservations and horizontal reservations. The reservations in favour of Scheduled Castes, Scheduled Tribes and other backward classes [under Article 16(4)] may be called vertical reservations whereas reservations in favour of physically handicapped [under clause (1) of Article 16] can be referred to as horizontal reservations. Horizontal reservations cut across the vertical reservations - what is called interlocking reservations. To be more precise, suppose 3% of the vacancies are reserved in favour of physically handicapped persons; this would be a reservation relatable to clause (1) of Article 16. The persons selected against this quota will be placed in the appropriate category; if he belongs to SC category he will be placed in that quota by making necessary adjustments; similarly, if he belongs to open competition (OC) category, he will be placed in that category by making necessary adjustments. Even after providing for these horizontal reservations, the percentage of reservations in favour of backward class of citizens remains - and should remain -the same. This is how these reservations are worked out in several States and there is no reason no to continue that procedure."

22. In Anil Kumar Gupta & others v. State of U.P. & others, (1995) 5 SCC 173 [LQ/SC/1995/741] Supreme Court explained the procedure to be adopted regarding vertical reservation and horizontal reservations in following terms:

"The proper and correct course is to first fill up the O.C. quota (50%) on the basis of merit: then fill up each of the social reservation quotas, i.e., S.C., S.T. and B.C. the third step would be to find out how many candidates belonging to special reservations have been selected on the above basis. If the quota fixed for horizontal reservations is already satisfied - in case it is an over-all horizontal reservation - no further question arises. But if it is not so satisfied, the requisite number of special reservation candidates shall have to be taken and adjusted/accommodated against their respective social reservation categories by deleting the corresponding number of candidates therefrom...."

In Jitendra Kumar Singh v. State of Uttar Pradesh and others, (2010) 3 SCC 119 [LQ/SC/2010/36] Supreme Court while dealing with the selection of Sub Inspector and Police Constable (PAC); the issue of horizontal reservation was not before the Supreme Court but while interpreting Act, 1994 and Government Order dated 26 February 1999, providing reservation to women, the Court noted that the Government Order "leaves no matter of doubt that any post reserved for women which remained unfulfilled have to be filled up from amongst suitable male candidates. There is a specific prohibition that the posts shall not be carried forward for future. "

23. The ratio of Jitendra Singhs case is not relevant to the facts of the present case. But what is relevant in the facts of the present case is that sub-section (5) of Section 3 mandates that the post reserved for dependents of freedom fighter and ex-servicemen shall be carried forward to subsequent selection due to non-availability of suitable candidate, but such a rule is not to be found in the case of vacancy reserved for women.

24. In Sunaiana Tripathi v. State of U.P., (2012) 3 ADJ 463 [LQ/AllHC/2012/476] the issue which came up before the Court was "whether horizontal reservation for women provided under the Government Order dated 26 February 1999 is restricted to each of the categories or is general in nature". The Court placing reliance upon Indira Sawhney , Rajesh Kumar Daria v. Rajasthan Public Service Commission and others, (2007) 8 SCC 785 [LQ/SC/2007/906 ;] ">(2007) 8 SCC 785 [LQ/SC/2007/906 ;] [LQ/SC/2007/906 ;] Anil Kumar Gupta culled out the following principles:

(i) vertical reservations cannot exceed 50% in an year;

(ii) provision of reservation made for women (dependents of freedom fighter and ex-service men) is horizontal reservation;

(iii) the proper and correct course is to fill up general (open) category quota on the basis of merit and then fill up each of the reserved category quotas of Scheduled Castes, Scheduled Tribes, Other Backward Class, and thereafter, find out how many candidates belonging to special reservations/horizontal reservations have been selected on the above basis. If the quota fixed for horizontal reservation is already satisfied, in case it is an overall horizontal reservation, no further question arises and if it is not satisfied, the requisite number of the special reservation candidates under the horizontal reservation have to be taken and adjusted/accommodated against their respective categories by deleting the corresponding number of candidates therefrom.

25. Supreme Court in Public Service Commission, Uttaranchal v. Mamta Bist and others, (2010) AIR SC 2613 observed that High Court allowed the writ petition only on the ground that the horizontal reservation is also to be applied as vertical reservation in favour of reserved category candidates. The Court placing reliance on the following paragraph of Rajesh Kumar Daria repelled the contention:

"The second relates to the difference between the nature of vertical reservation and horizontal reservation. Social reservations in favour of SC, ST and OBC under Article 16(4) are Vertical reservations. Special reservations in favour of physically handicapped, women etc., under Articles 16(1) or 15(3) are horizontal reservations. Where a vertical reservation is made in favour of a backward class under Article 16(4), the candidates belonging to such backward class, may compete for non-reserved posts and if the} are appointed to the non-reserved posts on their own merit, their numbers will not be counted against the quota reserved for the respective backward class. Therefore, if the number of SC candidates, who by their own merit, get selected to open competition vacancies, equals or even exceeds the percentage of posts reserved for SC candidates, it cannot be said the reservation quota for SCs has been filled. The entire reservation quota will be intact and available in addition to those selected under Open Competition category. [Vide - Indira Sawhney, R.K. Sabharwal v. State of Punjab, (1995) 2 SCC 745 [LQ/SC/1995/223] , Union of India v. Virpal Singh Chauvan, (1995) 6 SCC 684 [LQ/SC/1995/983] and Ritesh R. Sah v. Dr. Y.L. Yamul, (1996) 3 SCC 253 [LQ/SC/1996/406] ]. But the aforesaid principle applicable to vertical (social) reservations will not apply to horizontal (special) reservations. Where a special reservation for women is provided within the social reservation for Scheduled Castes, the proper procedure is first to fill up the quota for scheduled castes in order of merit and then find out the number of candidates among them who belong to the special reservation group of Scheduled Castes-Women. If the number of women in such list is equal to or more than the number of special reservation quota, then there is no need for further selection towards the special reservation quota. Only if there is any shortfall, the requisite number of scheduled caste women shall have to be taken by deleting the corresponding number of candidates from the bottom of the list relating to Scheduled Castes. To this extent, horizontal (special) reservation differs from vertical (social) reservation. Thus women selected on merit within the vertical reservation quota will be counted against the horizontal reservation for women."

26. The principle of vertical and horizontal reservation enunciated in Indira Sawhney has been incorporated under Act, 1994 and Reservation Act, 1993.

Article 16(4) contemplates vertical (social) reservation for SC/ST/OBC, which cannot exceed 50% of the total vacancies. These reservations are not communal reservation, therefore, candidates belonging to SC/ST/OBC may compete for non-reserved/open category (OC) post and if they get selected on the OC post on merit, their numbers will not be counted against the reserved quota for the respective social class. The entire reservation quota shall remain intact and be available in addition to those selected under OC.

27. The principle applicable to horizontal (special) reservation is different and distinct from the principle applicable to vertical reservation. Special reservation provided to women, ex-servicemen etc., under Article 15(3) and 16(1) are horizontal reservation. Horizontal reservation cut across vertical reservation, otherwise, it will be vertical reservation breaching the 50% bench mark, which is prohibited. The horizontal reservation is provided to special class of persons i.e. ex-servicemen/dependents of freedom fighters irrespective of their social class SC/ST/OBC. Such persons on being selected in OC or in SC/ST/OBC quota will necessarily be counted against the vacancy reserved for them on horizontal basis irrespective of the social category to which they belong for the reason that the persons belonging to special class may constitute a class in themselves, but as a class they do not enjoy the benefit of vertical reservation. They have not been classified as backward class. They would, therefore, have to be adjusted in the social category to which they belong after making necessary adjustment. If for instance the posts to be filled up on horizontal reservation basis by say 10 ex-servicemen, if that many number of ex-servicemen are included in the merit list of selected candidates prepared vertically i.e. OC/SC/ST/OBC, then nothing further is required to be done. But against 10 ex-servicemen only 5 could make it to the merit list, then in that event 5 ex-servicemen, if available, will have to be adjusted in the respective social category i.e. OC/OBC/ST/ST to which they belong by replacing the last male candidate from that category. If the suitable ex-servicemen are not available then as per the impugned rule the vacancy is to be carried forward.

28. It is, thus, evident that the concept of vertical and horizontal reservation is based on different and distinct principle in application. The candidates seeking reservation on horizontal basis are to be adjusted against their respective social categories to which they belong and the principle of adjustment is by replacing the last candidate from the merit list of that category. If that many number of suitable candidate is not available in the merit list, in that event the post reserved on horizontal basis is carried forward and in doing so that many number of persons selected on merit are removed from the merit list without that many suitable persons being available to replace them. In other words, it is undeterminable from which category i.e. OC/OBC/SC/ST the selected candidate is to be displaced while carrying forward the posts. The post reserved under the quota of vertical reservation for OBC/SC/ST cannot be disturbed while carrying forward the vacancy reserved on horizontal basis. It will be hit by Section 3 of Act, 1994 for the reason that there is no concept of "vacancy" under horizontal reservation as understood under vertical reservation, adjustment can be made only on availability of a suitable person under special category. In the facts of the present case, 2312 posts reserved on horizontal basis has been carried forward, the question that follows and needs answer is from which category i.e. OC/SC/ST/OBC, these vacancy can be carried forward. In case, 2312 posts are taken out from the open category (OC) then that would tantamount to vertical reservation, which is impermissible. The Division Bench of this Court in State of U.P. & others vs. Ashish Kumar Pandey & others, (2016) 7 ADJ 629 affirmed and reiterated the principle that posts reserved under horizontal reservation cannot be adjusted en masse in open category.

29. In horizontal reservation the candidate selected on merit who is at the bottom of the list can be adjusted provided there is a person of the special class available to substitute him. If no suitable candidate is available then there arises no occasion of displacing/adjusting the duly selected candidate from the merit list, as noted earlier, there is no concept of "vacancy". Further, it is indeterminable from which category-- OC/OBC/SC/ST, the post is to be carried forward. The posts cannot be carried forward en masse from open category neither can the selected candidates be displaced from the social category i.e. OBC/SC/ST. It is only on availability of a suitable candidate belonging to special class can replace the selected candidate from the merit list from the category to which the special class candidate belongs, not otherwise. In either case, we are convinced and hold that the carry forward rule of horizontal reservation in principle and application is discriminatory as it seeks to displace meritorious candidates from the select list without there being suitable person available under the special category and that apart the displacement of selected candidates is to take place from which social category i.e. OC/SC/ST/OBC is not determinable, which in our opinion, tantamounts to reverse discrimination, hence, violative of Article 14 and 16 of the Constitution.

30. At this stage, Ms. Shreya Gupta, learned counsel appearing for the petitioners (Writ Petition No. 4243 of 2016), submits that the posts carried forward by the Board far exceeds the figure 2312, in support of her submission, she has drawn our attention to the notification dated 16 July 2015, inviting applications for 41610 post of constables to contend that 3418 post was carried forward, therefore, it is urged that results should be declared for 3418 posts. The learned Additional Advocate General submits that the exact figures would be worked out by the Board, provided there is any discrepancy.

31. In regard thereto, no further direction with regard to the exact number of post carried forward on horizontal basis is required to be passed.

32. For the reasons and law stated herein above, the writ petitions are allowed. Sub-section (5) of Section 3 of Reservation Act, 1993 is declared null and void offending Article 14 and 16 of the Constitution of India and Section 3 of Act, 1994. Board is directed to declare the result and fill up the posts of constables carried forward under the impugned rule strictly in accordance with merit. It is expected that the entire exercise shall be completed within 12 weeks from the date of communication of this order.

No order as to costs.