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