Meera Kumari Sharma v. U. P. Public Service Commission Allahabad Thru. Secy.
2016-04-18
D.Y.CHANDRACHUD, RAJAN ROY
body2016
DigiLaw.ai
JUDGMENT The petitioner applied in pursuance of an advertisement issued by the Uttar Pradesh Public Service Commission for the Combined State/Upper Subordinate Services Examination-2013. She was informed by a communication dated 21 August 2015 that she was not an original resident of the State of Uttar Pradesh and belongs originally to the State of Bihar. Consequently, the petitioner was informed that she was not entitled to the reservation prescribed for OBC (Female) candidates and that the marks which she obtained were not sufficient to declare her qualified as a general category candidate. The candidature of the petitioner was hence invalidated. 2. The case of the petitioner is that she does, in fact, belong originally to the State of Bihar, but was married in 2008 and since then she is residing with her husband in the district of Sultanpur. The husband of the petitioner is stated to belong to the Scheduled Caste category. The issue which is raised in the writ petition is no longer res integra and is covered by the decision of the Supreme Court in Uttar Pradesh Public Service Commission Vs Madhu Rana & Ors., (2012) 12 SCC 132 which in turn follows an earlier decision in U P Public Service Commission, Allahabad Vs Sanjay Kumar Singh, (2003) 7 SCC 657 . 3. Since the petitioner does not belong originally to the State of Uttar Pradesh, she would not merely by reason of marriage be entitled to the benefit of reservation prescribed for OBC (Female) candidates in the State of Uttar Pradesh. As a matter of fact, the instructions to the candidates also specifically clarify that candidates, not originally domiciled in Uttar Pradesh belonging to the reserved categories, would not be entitled to the benefit of reservation. Having due regard to the position of law as laid down by the Supreme Court, we see no reason to entertain the writ petition. The writ petition is dismissed. There shall be no order as to costs.