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2016 Supreme(All) 164

NARAYAN SHUKLA, RAKESH SRIVASTAVA
MAMTA SRIVASTAVA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Dr. Lalta Prasad Mishra and Prafulla Tiwari for the Petitioner; C.S.C. and Rajnish Kumar for the Respondents.

JUDGMENT

Hon’ble Shri Narayan Shukla, J.—Heard Dr.L.P.Mishra, learned counsel for the petitioner as well as Mr.Vivek Kumar Shukla, learned Additional Chief Standing Counsel.

2. The petitioner had claimed her candidature for selection in U.P. Upper Subordinate Services notified through the advertisement dated 15.12.1994 under the quota reserved for the dependents of freedom fighters. The petitioner’s grand father Shri Brij Nath Prasad Srivastava was a freedom fighter. Earlier her name was not enlisted amongst the successful candidates, but later on, on the basis of recommendation done by the Commission, her name was recommended for appointment on the post of Assistant Accounts Officer. Since she could not submit the requisite certificate of dependent of freedom fighter in the prescribed proforma, a letter was issued by the U.P.State Public Service Commission (in short Commission) on 26.4.1999, whereby the petitioner was required to submit a requisite certificate, she submitted the said certificate to the Commission. However, vide letter dated 2.7.1999 issued by the Secretary of the Commission the petitioner’s candidature was rejected on the ground that in her application the petitio











































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