- (1.) HEARD Dr. Sarika Tyagi, petitioner, (in person), Sri Ramesh Upadhyay, Chief Standing Counsel appearing alongwith Sri A. K Rai, Additional Chief Standing Counsel for State -respondents as well as Sri Shiv Nath Singh, Advocate assisted by Sri Satyam Singh, Advocate appearing for U.P. Higher Education Service Commission, respondent no. 2.
(2.) DR . Sarika Tyagi, petitioner is before this Court with a request to issue a writ, order or direction in the nature of mandamus directing the respondents to allow the petitioner to appear in the examination to be conducted on 04.01.2015 for the post of Assistant Professor in the Law Faculty in the department of respondent by U.P. Higher Education Service Commission, respondent no. 2.
(3.) ON the matter being taken up today, it has been asserted on behalf petitioner, Dr. Sarika Tyagi that she fulfils minimum eligibility criteria that has been provided for in the advertisement in question, in view of this there is no occasion or justification on the part of the respondents not to permit the petitioner to undertake examination in question and accordingly this Court should come to her rescue and reprieve. Request that has been made by petitioner has been resisted by the State as well as by the counsel appearing for U.P. Higher Education Service Commission on the premises that petitioner does not fulfil minimum eligibility criteria that has been provided for, as at Master's degree Level she does not have to her credit 55% marks, in view of this her candidature has not been entertained and she has been informed accordingly and any interference by this Court, would tantamount to diluting the eligibility criteria prescribed.;