Neutral Citation No. - 2025:AHC:130315 Court No. - 4 Case :- WRIT - A No. - 10397 of 2025 Petitioner :- Km Sunita Tripathi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arpit Malviya,Awadhesh Kumar Malviya Counsel for Respondent :- C.S.C.,Siddharth Singhal Hon'ble Ajit Kumar,J. 1. Heard Sri Arpit Malviya, learned counsel for the petitioner, Sri Siddharth Singhal, learned counsel for the respondent no.2 as well as learned Standing Counsel for the State-respondents. 2. By means of this petition filed under Article 226 of Constitution of India, the petitioner has prayed for a writ of mandamus to command the second respondent to consider the candidature of the petitioner pursuant to the advertisement no.5- Examination/2022 for the post of Mukhya Sevika under the economically weaker section category. 3. It is contended that petitioner had applied under the EWS category and at the time of document verification had produced the EWS certificate which ought to have been taken into consideration. 4. It is in this above background of facts that learned counsel for the Commission was directed to obtain instruction in the matter which has been placed on record today. Alongwith the instruction, the main application form of the petitioner against the advertisement has been brought on record, in which, though petitioner has shown the category 'General Economically Weaker Section (EWS)' has marked 'YES' with astrick but has failed to furnish any detail of the EWS certificate as coloumn was provided very clearly in front of the EWS whether posses 'NO' and in front of the EWS certificate coloumn it is filled as 'Not Applicable' nor any details have been furnished. This therefore, makes it clear that the petitioner since was required to furnish EWS certificate to have been issued prior to the last date of submission of the application form and since the petitioner was not possessed of any such EWS certificate his candidature was to be considered by default only in open category and not entitled to any horizontal reservation or vertical reservation meant for EWS category. 5. Further from the instruction, it transpires that the petitioner himself made a statement at the time of document verification that she was in possession of the EWS certificate issued on 02.02.2023 which is of a date after the last date of submission of application form being 24.08.2022. 6. In the circumstances, when the law is well settled and crystalised on the point of eligibility of a candidate to apply against the advertisement to the effect that a candidate must possess a requisite qualification to avail the benefit of reservation in either vertical or horizontal category or even otherwise to meet the eligibility for the post in question prior to or on the last date of application form, now the candidature of the petitioner cannot be directed to be considered in EWS category when it has surfaced out that he neither filled up the details of EWS certificate at the time of submission of application form and even declared that she did not possess the requisite certificate, nor had the EWS certificate issued prior to the last date of application form. 7. Writ Petition fails and is, accordingly, dismissed. Order Date :- 4.8.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad