- (1.) HEARD Shri Satish Chaturvedi for the "petitioner. Standing Counsel appears for State respondents. Shri M. A. Qadeer appears for U.P. Public Service Commission. Shri R.B. Singhal appears for Dr. Richa Singh-respondent No. 4.
(2.) THE petitioner is MBBS (1994), and M.D. Obstetrics and Gynaemic from Benaras Hindu University, Varanasi. She applied for appointment as a Lecturer in pursuance of an advertisement published by the U.P. Public Service Commission in the newspapers on 27.8.2000 in State Medical Colleges in U.P. Out of 26 disciplines, the advertisement included 'Obstetrics and Gynaemic', at item No. 10, advertising three vacancies, one each for scheduled caste, other backward caste and general category. More than 100 applications were received for these three posts. Amerit list was prepared, on the basis of a written test taken on 28.7.2002. Three candidate, each from the three categories were included in separate merit lists. In all nine candidates were selected for interviews in the ratio of 1:3 to the post. The petitioner topped the list of general category candidates. The final result was declared on 20.11.2002. The petitioner found that whereas only one vacancy each was reserved for scheduled caste, other backward classes and general categories; one candidate was selected for scheduled caste, one from other backward class and that the general category vacancy was taken by Dr. Richa Singh-respondent No. 4, belonging to the other backward classes category. The petitioner filed this Writ Petition on 10.12.2002 for quashing the selections of Dr. Richa Singh-respondent No. 4, a backward classes candidate selected in general category.
(3.) IN the counter affidavit of Shri Radhey Lal, Section Officer in the office of U.P. Public Service Commission, Allahabad filed in April 2003, it is stated that in all nine candidates were interviewed on 14.9.2002, including the petitioner. Dr. Richa Singh was selected as the other backward classes candidate and Dr. Urmila Karya as the scheduled caste candidate in accordance with Rule 3 (6) of Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (in short the Act of 1994). It is denied that the petitioner topped the screening test. Dr. Richa Singh scored more marks than her, and was selected as against unreserved/general vacancy in the open competition. Sub-section (6) of Section 3 of the Act of 1994, provides : "(6) If a person belonging to any of the categories mentioned in sub­section (1) gets selected on the basis of merit in an open competition with general candidates, he shall not be adjusted against the vacancies reserved for such category under sub-section (1)." ;