High Court of Judicature at Allahabad
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Dr. Madhu Rana v. State Of U.P. And Others - WRIT - A No. - 52252 of 2007  RD-AH 16868 (25 October 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble R.K. Agarwal, J.
Hon'ble S.P.Mehrotra, J.
The learned Standing Counsel represented on behalf of the respondents Nos. 1 and 2 and Sri Pushpendra Singh represented on behalf of the respondent No. 3 pray for and are granted three weeks' time to obtain instructions and to file Counter Affidavits.
List before the appropriate Bench on 3rd December, 2007.
The contention of the petitioner is that she was married on 27-4-2003 at Varanasi with Dr. Bhola Nath Maurya and the marriage was also registered under the Hindu Marriage Act in Volume 11 on pages 625/630 at Serial No. 105/03 at Allahabad, as per the Certificate dated 1-7-2003.
She belonged to Koeri sub caste which has been mentioned at Serial No.7 of Schedule 1 of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994 and after her marriage, even the caste of Koeri is also mentioned at Serial No. 3 of Schedule I of the aforesaid Act. At the time of Interview, she had filed Certificates issued by both the States - Jharkhand and Uttar Pradesh which have been rejected on the ground that the benefit of reservation is available to the resident of Uttar Pradesh and therefore, her interview cannot be taken.
After marriage, she has become resident of Uttar Pradesh and, therefore, U.P. Public Services Commission was not justified to decline to take interview.
In view of the above, we direct that the respondent No. 3 shall call the petitioner for the interview but her result shall not be declared without leave of the Court.
C.M.W.P.No.52252 of 07
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