Source: Allahabad High Court 

Why in News? 

A bench of Justice Alok Mathur held that great grandchild is not a ‘dependent’ of freedom fighters.        

• The Allahabad High Court held this in the case of Avani Pandey v. Directorate General of Medical Education And Training Thru Director General Lucknow And Another 

What is the Background of Avani Pandey v. Directorate General of Medical Education And Training Thru Director General Lucknow And Another Case? 

• The petitioner has appeared in NEET-UG- 2024 examination for admission to MBBS course. 
• The petitioner is a domicile of Uttar Pradesh and has passed class 10th and 12th standard from Bareilly, while her great grandfather and great grandmother were the domiciles of State of Bihar.  
• The petitioner is seeking grant of reservation of dependent of freedom fighters. 
• However, the petitioner has been denied benefit of reservation under the dependent of freedom fighter category. 
• The petition has been filed to declare the guidelines issued by Respondent no. 1 to the extent it excludes the dependent of freedom fighters from other States as illegal so as to avail the benefit of reservation under freedom fighter category as being discriminatory and violative of Article 14, 15 and 16 of the Constitution of India, 1950 (COI).  

What were the Court’s Observations? 

• The High Court answered the question raised here: “Whether great granddaughter of freedom fighters is also to be granted benefit as being dependent of freedom fighter as per Section 2 (b) of the U.P. Public Services (Reservation for Physically Handicapped, Dependents of Freedom fighters and Ex- Servicemen) Act, 1993 ?” 
• The Court referred to previous judgments and held that it has been established that great grand son is not included in the definition of ‘dependents. 
• Accordingly, the Court held that in this case as well the great grand daughter shall not be included within the ambit of ‘dependents.  

Who is a Dependent under U.P. Public Services (Reservation for Physically Handicapped, Dependents of Freedom fighters and Ex- Servicemen) Act, 1993? 

• Section 2 (b) of the U.P. Public Services (Reservation for Physically Hnadicapped, Dependents of Freedom fighters and Ex- Servicemen) Act, 1993 defines ‘dependent’. 
• This Section provides that ‘dependent’ with reference to a freedom fighter means: 
  • Son or daughter (married or unmarried); 
  • Grand son (son of a son or daughter) and Grand daughter (daughter of a son or daughter) (married or unmarried).

Landmark Case Law on Reservation Granted to Dependents of Freedom Fighters

• Krishna Nand Rai v. State of U.P. and 2 others (2020) 
  • In this case the petitioner came to the Court to be granted reservation as he was great grand son of a freedom fighter and was hence eligible for reservation under the category of ‘dependents of freedom fighters’. 
  • The Court held that the benefit of being dependent of freedom fighter is available only to descendants upto the stage of grandson and not beyond it i.e. a great grandson or descendants lower in line would not come within the definition of ‘dependent of freedom fighter’. 
  • Hence, the Allahabad High Court rejected the plea and held that the petitioner cannot be given the benefit of reservation.