LAWS(ALL)-2023-7-134

PANKHUDI AGARWAL Vs. STATE OF UTTAR PRADESH

Decided On July 17, 2023
Pankhudi Agarwal Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard Shri Prabhav Srivastava, learned counsel for the petitioner, Shri G.K. Singh, Senior Advocate, assisted by Shri M.N. Singh, learned counsel for respondent nos. 2 & 3 and Shri Mukul Tripathi, learned Standing Counsel.

(2.) Present petition has been filed against the communication dtd. 29/4/2023 issued by Under Secretary, Uttar Pradesh Public Service Commission ('UPPSC' in short) and the further communication dtd. 10/5/2023 issued on behalf of the Appeal Authority of the UPPSC rejecting the request of the petitioner to be treated as a candidate belonging to Economically Weaker Sec. ('EWS' in short) category, while giving up her claim, Dependent of Freedom Fighter ('DFF' in short).

(3.) Facts relevant to decide the present controversy are, the UPPSC came out with the Advertisement No. A-5/E-1/2022 (hereinafter referred to as the 'Advertisement'), dtd. 10/12/2022, inviting applications to participate at an Open Examination to be conducted by the UPPSC, for selection on the post of Civil Judge (Junior Division). In all, 303 vacancies were advertised. Of that, 123 vacancies fell under the Unreserved (General) category, while by way of vertical reservation provided, 81 vacancies were reserved for Other Backward Classes (OBC) category, 63 vacancies were reserved for Scheduled Castes (SC) category, 6 vacancies were reserved for Scheduled Tribes (ST) category. Further, by way of horizontal reservation provided, 30 vacancies were reserved for EWS category, 15 vacancies were reserved for Ex-Servicemen category, 6 vacancies were reserved for DFF category, 60 vacancies were reserved for Women category and 12 vacancies were reserved for Persons with Disabilities category. Petitioner filled up the said form disclosing, she belonged to DFF & EWS categories.