Surendra Vikram Singh Rathore, J.;— 1. Heard learned counsel for the parties and perused the record. 2. By means of instant writ petition, the petitioner has come before this Court with the prayer to issue a writ in the nature of certiorari for quashing the order dated 8.10.2010 and 4.6.2010, passed by respondent no.2-Cadre Authority, Cooperative Bank Centralized Services and also to issue a writ in the nature of mandamus directing respondent no.2 to consider and appoint the petitioner on the post of Deputy General Manager in District Co-operative Bank against reservation quota of 2% provided for the dependents of freedom-fighter in the selection held in pursuance of advertisement No. C-20/2009 dated 26.06.2009. 3. The facts giving rise to the present writ petition, in brief, are as under:- (I)The respondent no. 1 issued an advertisement No.C-20/2009 dated 26.6.2009 for filling up 9 posts of Deputy General Manager. Admittedly, the petitioner was dependent of freedom-fighter and had applied for the same category but he was not selected, hence he filed Writ Petition No. 1801 of 2009, which was disposed of vide judgment and order dated 4.12.2009, directing therein that in case any representation is submitted before the Competent Authority, the Competent Authority shall consider and decide the same in accordance with law by a speaking and reasoned order within a period of one month. (II)In compliance of the aforesaid judgment and order dated 04.12.2009, the petitioner made a representation on 10.12.2009 and by the impugned order, the same was rejected. Feeling aggrieved by the said order of rejection, present writ petition has been filed. (III)The claim of the petitioner, in brief, is that 2% quota of the freedom fighters ought to have been worked out taking into account the total strength of the cadre to be filled up by direct recruitment. It is further submitted that there are 37 posts in the cadre to be filled up by direct recruitment, therefore, 2% reservation would come to 0.74 which, when rounded of comes to one and as such the petitioner was entitled to be appointed on the post of Deputy General Manager against 2% reservation quota provided for the dependents of freedom fighters. 4. It is submitted on behalf of the petitioner that the respondents have calculated the quota on the basis of vacancies advertised. 4. It is submitted on behalf of the petitioner that the respondents have calculated the quota on the basis of vacancies advertised. In case the quota is worked out on the basis of the vacancies advertised then it would amount to denial of the benefit so given by the Legislature. 5. Learned counsel for the respondents has argued that the quota provided to dependents of freedom fighter, ex-serviceman and physically handicapped as per rules, is a horizontal reservation and it has to be worked out on the basis of the vacancies advertized and not on the basis of the total cadre strength. It is further submitted that representation of the petitioner was rightly rejected. 6. Now the short question to be determined in this writ petition is whether 2% quota of freedom fighter has to be calculated on the basis of the total cadre strength or on the basis of the actual vacancies. 7. The Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-servicemen) Act, 1993 (in short referred to as U.P. Act No. 4 of 1993) was promulgated and came in to force with effect from 30.12.1993. According to Section 3 of the U.P. Act No. 4 of 1993, it was provided that there shall be reserved 5% of vacancies at the stage of direct recruitment in favour of the physically handicapped, dependents of freedom fighters and ex-servicemen. Subsection (2) of Section 3 of U.P. Act No. 4 of 1993 provided that the respective quota of the categories shall be such as the State Government may from time to time determine by a notified order. Further, sub-section (3) of Section 3 of U.P. Act No. 4 of 1993 provided the manner in which the reservation was to be applied. For sake of convenience, Section 3 of U.P. Act No. 4 of 1993 is quoted hereunder: "3. Reservation of vacancies in favour of physically handicapped etc.--(1) in public services and posts in connection with the affairs of the State there shall be reserved five per cent of vacancies at the stage of direct recruitment in favour of: (i) physically handicapped (ii) dependents of freedom fighters, and (iii) ex-servicemen (2) The respective quota of the categories specified in subsection (1) shall be such as the State Government may from time to time determine by a notified order. (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 Backward Classes category, he will be placed in that quota by making necessary adjustments. Similarly if he belongs to open competition category, he will be placed in that category by making necessary adjustments. (4) For the purpose of subsection (1) an year of recruitment shall be taken as the unit and not the entire strength of the cadre or service, as the case may be: Provided that at no point of time the reservation shall, in the entire strength of cadre, or service, as the case may be, exceed the quota determined for respective categories. (5) The vacancies reserved under sub-section (1) shall not be carried over to the next year of recruitment." 8. On perusal of the provision of sub-section (4) of Section 3 of the aforesaid Act No. 4 of 1993 it is abundantly clear that the vacancies which has to be filled up against the reserved category in the entire strength and cadre of service, as the case may be taken into consideration but as a unit for year of recruitment is to be considered while providing reservation. 9. There is no dispute that quota provided for the dependents of freedom fighters is 2%. Rules have not been challenged in this petition. The scheme as envisaged under Section 3 of the U.P. Act No. 4 of 1993 clearly provides for the extent of reservation, the categories for which reservation is being made and the manner in which it is to be applied. Sub-section (1) provides that there shall be a maximum of five per cent reservation on vacancies for each of the three categories mentioned in that section. Further according to subsection (2), the respective quota for each category may be such as the State Government may determine. Sub-section (3) deals with the method in which the selected candidate in each of the three categories are to be placed in the respective caste categories. Further according to subsection (2), the respective quota for each category may be such as the State Government may determine. Sub-section (3) deals with the method in which the selected candidate in each of the three categories are to be placed in the respective caste categories. From a close and careful reading of the entire Section 3 of U.P. Act No. 4 of 1993, it is clear that vacancies for each of the three categories covered by the said Act have to be calculated. The language used in sub-section (1) is very clear in this regard which reads as follows: "(1) in public services and posts in connection with the affairs of the State there shall be reserved five per cent of vacancies at the stage of direct recruitment." (underlined by us) 10. The aforementioned scheme makes it clear that the reservation of General, O.B.C. and S.C./S.T category is vertical reservation while the scheme for reservation of physically handicapped, ex-servicemen and dependent of freedom fighter is horizontal. 11. Hon'ble Apex Court in the case of Indira Sawhney v. Union of India, AIR1993 SC 477, has explained the concept of 'vertical reservations' and 'horizontal reservations'. It would be appropriate to quote para 95 of the Apex Court Judgment in Indira Sawhney's case (supra): "We are also of the opinion that this rule of 50% applies only to reservations in favour of backward classes made under Article 16(4) A little clarification is in order at this Juncture: all reservations are not of the same nature. There are two types of reservations, which may, for the sake of convenience, we 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 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. Horizontal reservations cut across 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 S.C. Category he will be placed in that quota by making necessary adjustments; similarly, if he belongs to open competition (O.C.) 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 not to continue that procedure. It is however, made clear that the rule of 50% shall be applicable only to reservations proper; they shall not be--indeed cannot be -- applicable to exemptions, concessions or relaxations, if any provided to 'Backward Class of Citizens' under Article 16(4)." 12. In the facts of the present case only 9 vacancies were advertised. Admittedly quota of dependents of Freedom Fighters is 2%. Applying this 2% quota to 9 vacancies it comes to only 0.18 and that can not make out even one post for the dependents of freedom fighter. A Division Bench of this Court in the case of Dr. Rajesh Kumar Tiwari v State of U.P. 2007 (1) AWC 282 has considered the provisions of U.P. Act No. 4 of 1993 as under:- "9. From a perusal of sub-section (3) of Section 3 of the U.P. Act No. 4 of 1993, it is clear that persons selected under the aforementioned three categories would be placed in their respective categories of General, O.B.C., S.C. and S.T. depending upon their status in each of the categories and accordingly, the vacancy in each of the four categories would be reduced by the number of the selected candidates under the U.P. Act No. 4 of 1993. Even the Government order dated 22.10.2001 also in clear and specific terms lays down the same view. Even the Government order dated 22.10.2001 also in clear and specific terms lays down the same view. To be more explicit, supposing out of the total number of vacancies advertised, there were two posts to be filled up from the dependents of freedom fighters category and if both the candidates selected under the said category belong to General Category, then they would occupy two positions in the total posts earmarked for the General Category and the remaining posts of the General Category would be filled up accordingly. However, in a situation where the two candidates selected under the dependents of freedom fighters category belong to different castes, that is, one General and one OBC, then one post from each of the two categories would be reduced by one and the remaining posts in each of the two categories would be filled up accordingly. 10. The scheme as envisaged under Section 3 of the U.P. Act No. 4 of 1993 clearly provides for the extent of reservation, the categories for which reservation is being made and the manner in which it is to be applied. Sub-section (1) provides that there shall be a maximum of five per cent reservation on vacancies for each of the three categories mentioned in that section. Further according to subsection (2), the respective quota for each category may be such as the State Government may determine. Sub-section (3) deals with the method in which the selected candidate in each of the three categories are to be placed in the respective caste categories. From a close and careful reading of the entire Section 3 of U.P. Act No. 4 of 1993, it is clear that vacancies for each of the three categories covered by the said Act are to be calculated on the total number of vacancies advertised. The language used in sub-section (1) is very clear in this regard which reads as follows: (1) in public services and posts in connection with the affairs of the State there shall be reserved five per cent of vacancies at the stage of direct recruitment. 11.Further sub-section (3) provides that after selection, the candidates are to be placed in their respective caste category thereby consuming post of that caste category leaving the balance to be filled up from amongst the candidates selected in that caste category. 11.Further sub-section (3) provides that after selection, the candidates are to be placed in their respective caste category thereby consuming post of that caste category leaving the balance to be filled up from amongst the candidates selected in that caste category. in case the stand of the respondents is to be accepted, the scheme of Section 3 of U.P. Act No. 4 of 1993 would fail. The Legislature, if, it in tended, what the respondents claim that for reservation to the three categories under U.P. Act No. 4 of 1993, the vacancies are to be calculated on the number of posts in each of the caste category, then the Legislature would have framed Section 3 differently. That being the position, it is difficult to uphold the contention of the respondents. (underlined by us) 13. Aforementioned observations make it clear that out of vacancies which have accrued and advertised in any recruitment year, reservation has to be worked out against the said vacancies and not against the entire cadre strength. 14. Thus, we hold that vacancies for applying reservation pursuant to the U.P. Act No. 4 of 1993 have to be calculated from the total number of posts advertised and not on the total number of posts reserved for O.B.C., S.C./S.T. and the unreserved posts for open competition. 15. In view of the aforesaid discussion, the petition lacks merit, deserves to be dismissed and is hereby dismissed. 16. Parties shall bear their own costs. _____________