U.P PUBLIC SERVICE COMMISSION Vs. SANGEETA

JUDGEMENT

(1.) Heard Shri G.K. Singh, learned Senior Counsel assisted by Shri M.N. Singh, learned counsel for the Uttar Pradesh Public Service Commission (hereinafter referred to as the 'appellant-Commission'), Shri Ashok Khare, learned Senior Counsel assisted by Shri Siddharth Khare, learned counsel appearing for the private respondents in this special appeal as also Shri Munna Yadav, Advocate, appearing on behalf of the applicants in the impledment application, who stand on the same footing as the private respondents (these private respondents and applicant in the impleadment application are hereinafter collectively referred to as petitioner-respondents).

(2.) The present intra-court appeal is directed against the judgment and order of the learned Single Judge dated 11.12.2018 in Writ-A No. 20016 of 2018 and connected petitions. By the impugned judgment and order, the learned Single Judge has allowed the writ petitions and quashed (in part) the notification issued by the appellant Commission dated 01.09.2018, to the extent it excluded (from the select list), such candidates who may not have obtained minimum qualifying marks thus notified. A further direction has been issued to the appellant Commission to re-draw the final result declared by it, in accordance with Rule 15 of the Uttar Pradesh Subordinate Nursing (Non-Gazetted) Service Rules, 1979 (hereinafter referred to as the 'Rules').

(3.) For purposes of clarity and convenience, certain facts giving rise to the present intra-court appeal may first be noted. The appellant Commission is a body constituted under the Uttar Pradesh Public Service Commission Act.