JUDGMENT :

1. Heard Shri Prabhav Srivastava, learned counsel for the petitioner, Shri G.K. Singh, Senior Advocate, assisted by Shri M.N. Singh, learned counsel for respondent nos. 2 & 3 and Shri Mukul Tripathi, learned Standing Counsel.

2. Present petition has been filed against the communication dated 29.4.2023 issued by Under Secretary, Uttar Pradesh Public Service Commission ('UPPSC' in short) and the further communication dated 10.5.2023 issued on behalf of the Appeal Authority of the UPPSC rejecting the request of the petitioner to be treated as a candidate belonging to Economically Weaker Section ('EWS' in short) category, while giving up her claim, Dependent of Freedom Fighter ('DFF' in short).

3. Facts relevant to decide the present controversy are, the UPPSC came out with the Advertisement No. A-5/E-1/2022 (hereinafter referred to as the 'Advertisement'), dated 10.12.2022, inviting applications to participate at an Open Examination to be conducted by the UPPSC, for selection on the post of Civil Judge (Junior Division). In all, 303 vacancies were advertised. Of that, 123 vacancies fell under the Unreserved (General) category, while by way of vertical reservation provided, 81 vacancies were reserved for Other Backward Classes (OBC) category, 63 vacancies were reserved for Scheduled Castes (SC) category, 6 vacancies were reserved for Scheduled Tribes (ST) category. Further, by way of horizontal reservation provided, 30 vacancies were reserved for EWS category, 15 vacancies were reserved for Ex-Servicemen category, 6 vacancies were reserved for DFF category, 60 vacancies were reserved for Women category and 12 vacancies were reserved for Persons with Disabilities category. Petitioner filled up the said form disclosing, she belonged to DFF & EWS categories.

4. Consequently, she was issued an admit card and she appeared at the Preliminary Examination on 12.2.2023. Upon declaration of the result of that examination, on 16.3.2023, she was included in the list of candidates declared successful. She was then required to fill up another form (to appear at the Mains (Written) Examination), and to submit documentary proof as to her eligibility and reservation claimed.

5. At that stage, the petitioner appears to have realized, she was not eligible to claim reservation under the DFF category. Thus, she wrote to the UPPSC on 29.3.2023, to be treated, non-DFF category candidate. It is that application moved by the petitioner that came to be rejected, by communication dated 29.4.2023, issued by the Under Secretary, UPPSC as was confirmed in appeal vide further communication dated 10.5.2023. At that stage and before the written examination could be held, the petitioner approached this Court by means of the present petition. Upon hearing, on 22.5.2023, the following order was passed :

"1. Heard Sri Prabhav Srivastava, learned counsel for the petitioner; Sri M.N. Singh, learned counsel for the Commission and learned Standing Counsel for the State-respondent.

2. Submission is that the petitioner while filling up the form for preliminary examination by mistake applied as 'Dependent of Freedom Fighter' (for short "DFF") though she belongs to Economically Weaker Section (for short "EWS") category. Upon qualifying the preliminary examination, she realised her mistake and tried to fill up the form as a EWS category candidate. As far as the DFF, she sought correction in the application, which has been rejected.

3. Relying on Note 6 of Clause 7 pertaining to reservation under Advertisement No.A-5/E-1/2022, dated 10.12.2022, the Commission may not have cancelled the petitioner's candidature as she did not make any false or misleading claim as may invite action under sub Clause 18 of Clause 11 of the above advertisement.

4. Prima-facie the matter requires serious consideration.

5. Upon the matter being heard in the pre-lunch session, Sri M.N. Singh was required to produce the result of the preliminary examination concerning the present petitioner, in sealed