KIRAN DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) An Advertisement No. A-1/E-1/2005 was issued by State of U.P. through Secretary (Karmik), U.P. Lucknow for Combined State/Upper Subordinate Examination, 2005 in which essential as well as other qualifications were mentioned for the post of Principal, Food Science Training Centre Group-II, which is as under:

(2.) The petitioner after submitting her application form appeared in the preliminary examination and was declared successful. Thereafter she has submitted her application form for the main examination in which she was also declared successful and called for interview. It appears that in the interview post wise preference were invited by the respondents and the petitioner had given sixth preferences for the post of Principal, Food Science Training Centre Group-II. The petitioner secured 1011.69 marks in the examination even though the minimum cut off marks for women category was 1043.07 in Group Executive and 941.33 in Group DPO for the women candidate. The result of the examination was declared on 21st of June, 2008 but no person was selected for the post of Principal, Food Science Training Centre Group-II due to non availability of suitable reserved category candidates belonging to OBC category.

(3.) The contention of the learned counsel for the petitioner is that when information regarding the result came to her knowledge through news item, she submitted an application before respondent no. 2 i.e. Public Service Commission, U.P., Allahabad through its Secretary on 24.06.2008 stating that she fulfils the eligibility criteria for the aforesaid post of Principal and may be declared to be selected for that post. The petitioner was informed by the Office Memorandum dated 28.06.2008 by respondent no. 2 that the post of Principal, Food Science Training Centre Group-II was reserved for OBC candidates hence representation of the petitioner is not acceptable. It appears that the petitioner also sought some information from respondent no. 2 relating to reservation criteria through an application dated 05.08.2008 under the Right to Information Act, 2005. She was informed for that query which is as under: