VAISHALI DWIVEDI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri R.K. Ojha, Senior Advocate holding brief of Sri Ratnakar Upadhyay, learned counsel for the petitioner and learned Standing Counsel for the respondent no.1 and Sri M.N. Singh, learned counsel for the respondent nos. 2 and 3. As the facts of the case are undisputed, therefore, with the consent of parties, writ petition is decided at this stage without calling for the counter affidavit. Present petition has been filed with the following prayers:-

(2.) Learned Senior Counsel submitted that U.P. Public Service Commission, Prayagraj (hereinafter referred to as Commission) has issued advertisement on 16/3/2022 inviting the application form for selection on the different posts of State Services by conducting Combined State/Upper Subordinate Services Examination, 2022 (hereinafter referred to as Examination, 2022). Pursuant to that, petitioner has filled up the application form. Examination, 2022 is having three phases i.e., Preliminary Examination, Main Examination and Interview He next submitted that petitioner belongs to General Category, but by mistake she filled up her form under the SC category and also appeared in the said examination. She was declared successful in the Preliminary Examination under SC category though she obtained more marks than the minimum cutoff marks for the General Category Candidate. He further submitted that after knowing about her mistake, she has written application to the Commission to correct her category from SC category to General category, but the same was not considered by the Commission and her candidature was rejected.

(3.) Learned Senior Counsel submitted that he is assailing the action of Commission on two grounds. Firstly, Commission has published notice dtd. 22/4/2022 permitting the candidates to remove the deficiency with regard to photographs and signatures, if any. He next submitted that action of Commission is arbitrary as once the candidates have been granted an opportunity to remove the deficiencies, that should have been granted for all deficiencies and should not be confined only for two. Therefore, it is required on the part of Commission to accept her request and change her candidature from SC category to General category. Secondly, he submitted that once the petitioner has informed that she does not belong to SC category, her result should have been reconsidered and in case, she has obtained more marks than the minimum cutoff marks fixed for General Category, her result should have been declared under the category of General Candidates. He also submitted that petitioner has filled up his form on the last date, therefore, she could not avail the facility so provided under the para 4 of the advertisement. He lastly submitted that by the change of category, he will not be benefited in any way, therefore, her mistake has to be taken bonafide and action taken by the Commission is bad. Petitioner may be permitted to appear in the Main Examination. In support of his contention, he has placed reliance upon the of judgment of this Court in the case of Prashant Kumar Dwivedi & another vs. State of U.P. and others passed in Writ-A No. 5383 of 2020 decided on 28/8/2020.