UTTAR PRADESH PUBLIC SERVICE COMMISSION Vs. RENU

JUDGEMENT

(1.) The present intra-court appeal under Chapter VIII Rule 5 of the Rules of Court is against the judgment of learned Single Judge dtd. 31/7/2023 in Writ ' A No. 21430 of 2022 (Renu vs. State of U.P. and 3 others), whereby the writ petition filed by Renu, non-appellant no. 1 (hereinafter referred to as the 'Original Writ Petitioner') has been allowed and the order passed by the Secretary, U.P. Public Service Commission, Prayagraj (the appellant herein) (for short 'the Commission') dtd. 16/11/2022, has been set aside and a direction was issued to the Director, Medical and Health, Government of U.P., Lucknow (proforma respondent no. 4 herein) to grant benefit of experience certificate to her and consider her candidature for appointment as a Staff Nurse, if all other conditions stand satisfied.

(2.) The U.P. Public Service Commission issued an advertisement dtd. 16/7/2021, notifying the holding of Staff Nurse/Sister Grade"2 (Male/Female) Examination, 2021. It was for filling up the posts of nursing staff in (a) Medical and Health Services Department (b) Medical Education and Training Department and (c) KGMU. The date of commencement of submission of online application was 16/7/2021; last date for receipt of examination fee online in the bank was 12/8/2021 and last date for submission of online application was 16/8/2021. Clause 10(4) of the advertisement stipulated that a maximum of 15 marks would be awarded to a candidate for past experience as Staff Nurse on contractual basis. For the first completed year of service, a candidate would be entitled to 3 marks. For the next and every completed year of service on contract basis, 3 marks for each year. In this regard, the certificate issued by the Competent Authority only was to be treated as valid. The said stipulation around which the controversy revolves, in the present appeal is extracted below: -

(3.) Thus, out of total 100 marks on which candidates were to be tested, 85 marks were allocated for the written examination and 15 marks for past experience in service.