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2018 Supreme(SC) 589

SUPREME COURT OF INDIA
MADAN B. LOKUR, KURIAN JOSEPH, DEEPAK GUPTA, JJ.
Alok Kumar Singh & Ors. - Appellants
Versus
State of U.P. & Ors. - Respondents
Special Leave Petition (Civil) No. 12538 of 2016
Decided On : 22-03-2018

Advocates:
Advocate Appeared:
Mr. V. Shekhar, Ms. Aishwarya Bhati, Mr. Rajeev Kumar Dubey, Mr. Kamlendra Mishra, Mr. Rajeev Dhavan, Mr. Anand Nandan, Mr. Avijit Mishra, Mr. Piyush Sharma, Mr. Amit Pawan, Mr. Priyansh Jaiswal, Mr. Salman Khurshid, Mr. Danish Zubair Khan, Dr. Lokendra Malik, Mr. Vivek Kumar, Mr. Prem, Mr. Mata Prasad Singh, Ms. Ranjana Rastogi Singh, Mr. Ranjit Kumar Sharma, Mr. S. Premchandra, Mr. Sanjay Kumar Singh, Mr. S. Premchandra, Mr. Sanjay Kumar Singh, Mr. M.P. Singh, Mr. Debasis Misra, Ms. Mahalakshmi Pavani, Mr. Gurudatta Ankolekar, Mr. Tomy Chacko, Mr. Neelkanth Dhyaneshwar Aher, Mr. Siddharth Luthra, Ms. Filza Moonis, Mr. G. Ramakrishna Prasad, Mr. Bharat J. Joshi, Mr. Vikas Singh, Mr. Anand Nandan, Mr. R.P. Goyal, Mr. Soumya Chakraborty, Mr. Danish Zubair Khan, Mr. Krishna Murari Singh, Mr. Danish Zubair Khan, Dr. Lokendra Malik, Mr. Anish Kumar Gupta, Mr. Avdhesh Kumar Singh, Mr. Rajendra Kumar Singh, Mr. Chandra Shekhar Suman, Mrs. Rita Gupta, Ms. Deepshikha Bharti, Ms. Harsha, Mr. P.H. Parekh, Mr. Anuj Bhandari, Mr. Vishal Prasad, Mr. Hara Prasad Sahu, Mr. Pranay Kumar Mohapatra, Mr. Alok Shukla, Ms. Abha R. Sharma, Mr. A. Mishra, Mr. F.A. Khan, Mr. V. Dwivedi, Mr. Avinesh Sharma, Mr. Krishna M. Singh, Mr. Vivekanand, Mr. K.R. Faridi, Mr. J.K. Gupta, Mr. R.P. Goyal, Mr. Ankur Yadav, Mr. Sudhir Naagar, Mr. Nischal Kr. Neeraj, Mr. Prashant Kumar Singh, Mr. Santosh Kumar, Mr. Vishnu Shankar Jain, Mr. Divyakant Lahoti, Mr. Manu Yadav, Mr. Amit Bose, Mr. Hitesh Kumar Sharma, Mr. M.A. Chinnasamy, Mr. Rajesh Pandey, Ms. Meenakshi Parihar, Mr. Chandra Bhushan Prasad, Mr. Rajesh Pandey, Mr. Devvrat, Mr. Aditya Kr. Dubey, Mr. Ashutosh Kumar Sharma, Mr. Sandeep Kumar, Ms. Pallavi Pratap, Mr. Sanjay Kumar Yadav, Mr. Ashok Kumar, Dr. Kailash Chand, Mr. Anupam Mishra, Mr. J. Sood, Mr. Anurag Dubey, Mr. Rajesh Pathak, Mr. Abhishek Chakraborty, Mr. Bhupendra Kumar Bhardwaj, Mr. Sanjay Kumar Dubey, Mr. Alok Kumar Singh, Mr. Abhishek Singh, Ms. Manju Sharma Jetly, Mr. Umang Tripathi, Mr. Kamal Mohan Gupta, Mr. Shakil Ahmad Syed, Mr. Umang Shankar, Mr. Pramod Kumar, Mr. Arbind Yadav, Mr. Nikhilesh Ramchandran, Ms. Filza Moonis, Mr. Anirudh Sanganeria, Mr. Praveen Kumar Singh, Mr. Utkarsh Singh, Mohd. Ziauddin Ahmad, Mr. Rajiv Shankar Dvivedi, Mr. Mrinmay Bhattmewara, Mr. Vivek Gupta, Mr. Siddharth, Mr. Piyush Sharma, Mr. Avijit Mishra, Mr. Saurabh Mishra, Mr. Kislay Komal, Ms. Shalu Sharma, Ms. Priyanka Kakkar, Mr. Amit Kumar, Mr. Saurabh Kumar, Mr. Devesh Kumar Tripathi, Mr. Praveen Kumar Rai, Mr. Shahbaaz Jameel, Mr. Hemal Kiritkumar Sheth, Mr. Rabin Majumder, Ms. Antima Bajaj, Mr. Prashant Shukla, Mr. Satyenda Kumar Mishra, Mr. Satyajeet Kumar, Mr. C.B. Gururaj, Mr. K.P. Singh, Mr. Prakash Ranjan Nayak, Mr. Deepak Goel, M/s Ravi Chandra Prakash & Co., Mr. Parag. P. Tripathi, Ms. Meenakshi Arora, Mr. Susheel Tomar, Ms. Mishika, Mr. Balraj Dewan, Mr. Rajesh Srivastava, Mr. Rakesh Kr. Khanna, Mr. Sushil Tomar, Mr. Balraj Dewan, Ms. Sujeeta Srivastava, Mr. D.S. Parmar, Mr. Shekhar Kumar, Mr. Yashraj Singh Deora, Ms. Ragya V. Singh, Mr. Anis Ahmed Khan, Mr. Rishi Jain, Mr. Kausar Raza Faridi, Mr. Sanjay Rastogi, Ms. Ritu Rastogi, Mr. Sanjay Visen, Mr. R.C. Kaushik, Ms. Sasmita Tripathy, Mr. Mohd. Danish Khan, Mr. Rakesh Mishra, Mr. Pradeep Kumar Dwivedi, Ms. Roopali Chaturvedi, Mr. Praveen Chaturvedi, Mr. D.N. Dubey, Dr. Vinod Kumar Tiwari, Mr. Manendra Nath Rai, Mr. S. K. Tyagi, Mr. Praveen Jain, Ms. Poonam Tyagi, Mr. K.B. Upadhyay, Mr. Chandra Prakash Pandey, Mr. Manoj Kumar Rai, Mr. S.N. Tripathi, Mr. S.R. Setia, Mr. Manoj K. Mishra, Mr. Umesh Dubey, Mr. Ashish Kumar Mishra, Mr. Dinesh Kr. Tiwary, Mr. Chandan Kumar, Mrs. Rajmala Dohare, Mr. Rohit Mishra, Mr. Santosh Kumar Tripathi, Mr. Amol Chitale, Ms. Pragya Baghel, Mr. Nirnimesh Dube, Ms. Anu Gupta, Ms. Gauri Karuna Das Mohanti, Mr. Pawan Kumar Sharma, Ms. Ranjeeta Rohatgi, Mr. Ravi Prakash Mehrotra, Mr. Dhananjai Jain, Mr. Sanjeev Malhotra, Mr. Harish Pandey, Mr. Sanjay Jain, Mr. Kedar Nath Tripathy, Mr. Christopher Dsouza, Mr. Ajay Pratap Singh, Mr. Mansoor Ali, Ms. Lubna Ishrat Siddiqui, Mr. Chandan Kumar Mandal, Ms. K. Sarada Devi, Mr. Amarjeet Singh Dheman, Mr. Avinash Sharma, Mr. Ashutosh Yadav, Ms. Smita Singh, Mr. Pankaj K. Dubey, Mr. Yadav Narender Singh, Mr. R.D. Upadhyay, Mr. Durgesh Kumar Sharma, Mr. D.K. Sinha, Mr. Sanjay Kumar Chadha, Mr. R. Sonkar, Mr. Anurag Dubey, Mr. Rajesh Pathak, Mr. Abhishek Chakraborty, Mr. Sanjay Kumar Dubey, Mr. Rajesh Goyal, Mr. Vinod Kumar Tewari, Mr. Gyan Prakash Srivastava, Mr. Akshay Verma, Mr. Vinay Garg, Mr. Robin Khokhar, Mr. Kumar Gaurav, Mr. B. N. Dubey, Ms. Pooja, Mr. Ravi Shanker Jha, Mr. Danish Zubair Khan, Mr. Abhijat P. Medh, Mr. Gaurav Kumar, Mr. Jitendra Kumar, Mr. Ashwani Kumar Dubey, Ms. Anzu K. Varkey, Mr. K.K. Mohan

The court emphasized the importance of expeditiously filling up advertised vacancies and considering the status of appointments made in excess of the advertised vacancies, while also addressing the disposal of applications for intervention or fresh matters instituted after a specified cut-off date.

Headnote:

Exemption - Filling up of Vacancies - The court directed the State of Uttar Pradesh to expeditiously fill up the advertised vacancies for Sub-Inspectors and Platoon Commanders, and to consider the status of appointments made in excess of the advertised vacancies.

Fact of the Case:

An advertisement was issued by the State of Uttar Pradesh for filling up 4010 vacancies for Sub-Inspectors and Platoon Commanders. Subsequently, orders were passed regarding the selection and appointment of candidates.

Finding of the Court:

The court directed the State of Uttar Pradesh to fill up the advertised vacancies expeditiously and consider the status of appointments made in excess of the advertised vacancies. It also disposed of applications for intervention or fresh matters instituted after a specified cut-off date.

Issues: Filling up of advertised vacancies, status of appointments made in excess of advertised vacancies, and disposal of applications for intervention or fresh matters instituted after a specified cut-off date.

Ratio Decidendi: The court emphasized the need to fill up advertised vacancies and consider the status of appointments made in excess of the advertised vacancies, while also disposing of applications for intervention or fresh matters instituted after a specified cut-off date.

Final Decision: The court directed the State of Uttar Pradesh to expeditiously fill up the advertised vacancies for Sub-Inspectors and Platoon Commanders, and to consider the status of appointments made in excess of the advertised vacancies. It also disposed of applications for intervention or fresh matters instituted after a specified cut-off date.

ORDER :

Exemption from filing O.T. granted.

2. Exemption from filing C/C of the impugned judgment granted.

3. Permission to file SLPs granted.

4. Delay condoned.

5. We have heard learned counsel for the petitioners/applicants/intervenors as well as learned counsel for the State of Uttar Pradesh.

6. An advertisement was issued in May, 2011 by the State of Uttar Pradesh for filling up 4010 vacancies out of which there were 3698 vacancies for Sub-Inspectors and 312 vacancies for Platoon Commanders. In our view, these vacancies must be filled up.

7. Our attention has been drawn to an order dated 01.08.2017.

8. In the order dated 01.08.2017, it is mentioned that in the Post of Sub-Inspector, 3533 candidates were selected and many of them have already been sent for training and some of them have in fact completed the training.

9. Our attention is also drawn to the order dated 14.09.2017 in which it is noted that all those persons who are before this Court on the ground that they were before the High Court on or before 31st December, 2016 either as petitioners or intervenors may submit their particulars to learned Additional Advocate General who will verify the particulars and submit a report before 31st October, 2017.

10. We are informed that the needful has been done based on the cut-off date determined by this Court.

11. For the present, in view of the orders passed by this Court and on hearing learned counsel, we issue the following directions:

1. The advertised vacancies of 4010 in the Post of Sub- Inspector and Platoon Commanders should be filled up by the State of Uttar Pradesh expeditiously on merits and in terms of the orders passed by this Court, if not already filled up.

2. We have been informed by learned counsel for the State of Uttar Pradesh that due to orders passed from time to time by this Court, perhaps more than 4010 posts have been filled up. If that is so, persons occupying posts in excess of 4010 shall not be disturbed until further orders from this Court.

3. Whether the persons who have been appointed in excess of 4010 Posts are to continue or their services may be dispensed with will have to be argued by learned counsel for the parties and we will certainly consider those submissions and pass appropriate orders.

4. We may mention that according to learned counsel for the petitioners a large number of posts are lying vacant and perhaps some persons can be adjusted against those vacant posts over and above 4010 posts. We are not taking any decision on this without hearing learned counsel for the parties.

5. Following the order passed on 14th September, 2017, we make it clear and direct that all applications for intervention/impleadment, etc. or fresh matters instituted after the cut-off date of 31st December, 2016 stand disposed of.

12. List the remaining matters after four weeks.

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