IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition P.I.L. No. 62 of 2011 Jagat Bandhu Gupta. ………. Petitioner Versus State of Uttarakhand. ..………. Respondent Mr. Mangal Singh Chauhan, Advocate for the petitioner. Mr. S.N. Babulkar, Advocate General, with Mr. K.P. Upadhyaya, Addl. Chief Standing Counsel for the State of Uttarakhand / respondent. JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble U.C. Dhyani, J. BARIN GHOSH, C. J. (Oral) The Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993 (hereinafter referred to as the said “Act”) has not been adopted by the State of Uttarakhand under Section 87 of the Uttar Pradesh Reorganisation Act, 2000. However, in view of Section 86 of the Uttar Pradesh Reorganisation Act, 2000, the said Act is applicable to the territory of Uttar Pradesh, which has now become Uttarakhand. In terms thereof, certain reservations have been made for dependents of freedom fighters. It is doubtful whether, in terms of the provisions of the Constitution of India, any such reservation can at all be made or not. 2. Be that as it may, in the present writ petition, petitioner is seeking the State of Uttarakhand to amend Sub-Clause (ii) of Clause (b) of Section 2 of the said Act, so as to include grand daughter (daughter of a son), both married and unmarried, as a dependent of a freedom fighter entitled to such reservation. The Court, under no circumstances, can direct the State Government or the State Legislature to legislate. 3. The writ petition is utterly merit-less and the same is dismissed. (U.C. Dhyani, J.) (Barin Ghosh, C. J.) 15.11.2011 15.11.2011 G