MADHU RAM Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ashok Khare, learned senior advocate assisted by Sri V. D. Shukla for the petitioner. Learned standing counsel appears for respondent Nos. 1 and 2. Sri V. P. Varshney, learned Counsel appears for the U.P. Public Service Commission-respondent No. 3.

(2.) The petitioner has applied for the post of Medical Officer (Ayurved and Unani) in pursuance to the advertisement No. 1/2003-04 issued by the U.P. Public Service Commission, published in Employment News dated 21-27 June, 2003. Her candidature, as Other Backward Class (O.B.C.), has not been accepted by the Commission by its communication dated 31.8.2007 on the ground that her caste certificate has been issued from the State of Jharkhand.

(3.) The petitioner belongs to 'koheri' sub-caste, which is mentioned at Sl. No. 7 of Schedule 1 of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994. Her father was permanently residing at village Arsande, Post Kanke, district Ranchi in the State of Jharkhand. She was issued a caste certificate dated 19.9.1997 by the competent authority, giving the name of her father Sri Nand Kishore Rana, belonging to sub-caste 'koheri' and falls under the category of Backward Class. She got married to Dr. Bhola Nath Maurya at Varanasi on 27.4.2003. The marriage was registered at Allahabad as per certificate dated 1.7.2003. She claims that at present she is residing at village Chanderpur, Basmahua, tehsil Phoolpur, district Allahabad, and has been issued a caste certificate by the Tehsildar, Phoolpur on 11.7.2003 also belonging to O.B.C., through her husband, giving the name of her husband as Sri Bhola Nath Maurya.