NEETU PALARIYA Vs. UTTARAKHAND PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The petitioner has preferred the present writ petition seeking to declare her disqualification on 21/6/2021, by the Uttarakhand Public Service Commission (hereinafter referred to as the "Commission"), as void. She further seeks a mandamus to the respondent to consider her candidature in the EWS category, and require the respondent to issue her admit card to appear in the mains examination in the Uttarakhand Judicial Service Civil Judge (Junior Division) Examination, 2021, which is scheduled to be held from 2/8/2022 to 5/8/2022, by treating her candidature as valid for the said examination.

(2.) The petitioner responded to the advertisement issued by the respondent-Commission, inviting applications for participation in the said examination. She was declared as qualified in the preliminary examination on 19/4/2022. The respondent issued another advertisement on 26/4/2022, calling upon the qualified candidates in the preliminary examination, to submit their on-line applications along with the requisite documents. The petitioner submitted her application form for the mains examination. She claims to be belonging to the EWS category. After scrutinizing the applications received, the name of the petitioner was put in the rejection list which was published on 21/6/2022. The reason for rejection stated by the respondent, was that the EWS certificate, submitted by her, related to the financial year 2022-23, whereas, in terms of the advertisement, she was required to submit her EWS certificate relatable to the year 2021-22. The respondent granted time till 12/7/2022 to all the candidates whose names appeared in the rejection list to make amends. Admittedly, the petitioner did not respond to the said public notice. She did not make amends by 12/7/2022. Only on 21/7/2022, she sent an e-mail, enclosing therewith another EWS certificate relatable to the year 2021-22.

(3.) Mr. N.S. Pundir, learned counsel for the respondent, who appears on advanced notice, states that the petitioner's request for acceptance of her EWS certificate for the year 2021-22 has been rejected on 29/7/2022 on the ground that the same had not been submitted by 12/7/2022.