Jagdish Negi and another, Petitioners v. State of U.P. and another, Respondents.

S.B. MAJMUDAR AND D.P. WADHWA, JJ.

Constitution of India, Articles 16(4), 15(4) – Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act (1994), Section 1 - Statutory reservation scheme - Benefit of - Granted to residents of hills and Uttarakhand areas of State of Uttar Pradesh as they formed socially and educationally backward class of citizens - Backwardness, however, cannot continue indefinitely - State is, therefore, entitled to take its own decision whether citizens cease to belong to reserve category and review its reservation policy.

... A given category of citizens which may form a part and parcel of that class of citizens, namely socially and educationally backward classes of citizens as on date may in future cease to belong to that class. Consequently the question whether a given category of citizens continues to be socially and educationally backward class of citizens at a given point of time or not has to be left to the State concerned for its objective decision from time to time.

The State cannot be bound in perpetuity to treat such classes of citizens for all times as socially and educationally backward classes of citizens ... In other words it is open to the State to review the situation from time to time and to decide whether a given class of citizens that has earned the benefits of 27 per cent reservation as socially and educationally backward class of citizens has; continued to form a part of that category or has ceased to fall in that category.

... It is true that since 2 decades residents of Uttarakhand hills region are being treated by the State of U.P. as socially and educationally backward class of citizens for the purpose of being considered eligible for consideration towards 27 per cent reservation. But only on that score, it cannot be predicated that in future they may not cease to be socially and educationally backward. Once at any future point of time they cease to be so they will obviously go out of the umbrella.

... Population of hill/Uttarakhand areas is 4% of total population of Uttar Pradesh State 2% representation of residents of hill/Uttarakhand areas in State services by including them in category of socially and educationally backward class of citizens - Is adequate ...                                                                                                        (Source: AIR 1997 Supreme Court 3505)