JUDGMENT :

1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Siddharth Khare, learned counsel for the petitioner and Sri G.K. Singh, learned Senior Counsel assisted by Sri Nisheeth Yadav, learned counsel for the respondents and learned Standing Counsel for the State.

2. The petitioner through the present writ petition has prayed for a writ of certiorari quashing the revised result dated 23.08.2022 for the post of Staff Nurse/Sister Grade-II in so far as it excludes the petitioner therefrom, and order dated 16.11.2022 passed by the Secretary, Public Service Commission, U.P. Pryagaraj (hereinafter referred to as 'Commission') rejecting the representation of the petitioner dated 27.08.2022. The petitioner has further prayed for a writ of mandamus directing the respondents to grant appointment to the petitioner as Staff Nurse/Sister Grade-II and pay regular monthly salary on the said post.

3. The facts, in brief, are that under Advertisement No.A-4/E-1/2021 issued by the Commission notifying the selection for the post of Staff Nurse/Sister Grade-II (Male/Female), the petitioner applied for consideration in the aforesaid selection. The aforesaid selection consisted of total 100 marks, out of which 85 marks stood allocated for the written examination and 15 marks for the experience of working as a Staff Nurse on a contractual basis. Marks for the experience to be awarded in a manner that three marks were to be allocated for the first completed year of service on a contract basis followed by three additional marks for each succeeding year subject to a maximum of 15 marks. The petitioner in support of experience filed an experience certificate dated 09.11.2021 issued by the Chief Medical Officer, Rampur.

4. The petitioner appeared in the written examination held on 01.10.2021. The result thereof was published on 04.01.2022. In the result so published, the petitioner was shown to be selected in the aforesaid examination. The petitioner got the marks sheet downloaded from the official website of the Commission in which the petitioner was shown to have secured 28.50 marks in the written examination, 12 marks based on experience. Thus, the petitioner secured 40.50 marks in aggregate.

5. It appears that after the declaration of the result, Writ-A No.1815 of 2022 (Preeti Patel & Another Vs. State of U.P. and Others) was filed challenging the result on the ground that there were certain discrepancies in scrutinizing the experience certificates of the candidates. In the said petition, counsel for the Commission made a statement that the Commission had decided to re-scrutinize the experience certificate of 814 selected candidates whose recommendations were not sent till date to the State Government as well as other candidates.

6. Thereafter, Commission proceeded to re-scrutinize the experience certificate and issued a notification dated 23.08.2022 declaring a revised result in which the name of the petitioner did not appear.

7. Aggrieved by her non-selection, the petitioner submitted a representation to the Commission on 05.09.2022 enclosing therewith a certificate dated 24.08.2022 issued by the Chief Medical Officer certifying that the petitioner had worked as 'Staff Nurse' from 01.04.2015 to 18.10.2019 on contract basis. The petitioner also enclosed another certificate dated 30.08.2022 issued by the Chief Medical Officer certifying that inadvertently 'Nurse Mentor' has been mentioned in the certificate dated 09.11.2021 whereas the petitioner has worked as 'Staff Nurse (contractual) in Community Health Centre, Tanda, Rampur from 01.04.2015 to 18.10.2019.

8. The Commission did not pay any heed to the representation of the petitioner which led the petitioner to file Writ-A No.15147 of 2022 which was disposed off by this Court by order dated 18.10.2022 directing the Commission to consider and decide the representation of the petitioner.

9. Pursuant to the direction of this Court dated 18.10.2022 in Writ-A No.15147 of 2022, Commission vide