IMPORTANT POINT
Order of Court fixing eligibility of 50% and selection on merit cannot be confined to the persons before the Court. The order held to be in rem.

Headnote:(a) Uttar Pradesh Sub-Inspector and Inspector (Civil Police) Service Rules, 2018 – Rule 15(j) – expression “such vacancies shall be carried forward for further selection” – Candidates recommended can be issued appointment letters only after medical test and character verification – There being no waiting list, if some candidates are rejected after medical test and character verification, such vacancies remain unfulfilled – The expression speaks of such vacancies remaining after medical test and character verification – These vacancies are required to be carried forward for further selection. (Para 8, 25)
       (b) Service law – Selection – 14256 candidates allowed to participate in group discussion in place of 12030 for 4010 vacancies as per rules – Held not permissible – However, in view of addition of 1022 vacancies as per Court directions, matter not disturbed. (Para 25, 27)
       Writ Petition No.67782 of 2014; Civil Appeal Nos.587-588 of 2016 – Referred
       (c) Administration of justice – Judicial propriety – Court directing eligibility of 50% and completion of selection process in a time frame – Categorically stating that three factors namely, merit, reservation and preference should be taken into consideration – Directions cannot be confined to persons before the Court – Interpretation of judgment – In persona and in rem. (Para 26)
       Facts of the case:
       This case relates to use of unfair means in examination for recruitment in State service. Selection process has also been challenged.
       Finding of the Court:
       607 posts lying vacant as a result of certain candidates having discontinued training or having failed to qualify in medical examination/character verification, shall be offered and made available in the present selection itself, strictly in order of merit and subject to fulfilment of having obtained 50% or more marks.
       There are 226 unfilled posts as a result of non-availability of candidates in the cadre of dependents of freedom fighters. Normally, “freedom fighters” is not a category which, over a period of time, would keep increasing. In any case, there are selections which are round the corner in which more than 8000 posts are available for the candidates. The interest of those candidates who answer the description “dependents of freedom fighters” would therefore be taken care of in the succeeding selections. We, therefore, direct that these 226 posts should also be made available for the present selection.
       Result: All appeals, Writ Petitions and Transferred Cases stand disposed of

JUDGMENT

Uday Umesh Lalit, J.

1. Leave to appeal granted in all special leave petitions except those petitions dealt with in para 29(E) hereinafter.

2. These appeals and connected matters arise out of selection undertaken pursuant to advertisement dated 19.05.2011 for recruiting 4010 posts namely 3698 posts of Sub-Inspectors (Civil Police) and 312 posts of Platoon Commander (Provincial Armed Constabulary or PAC) in State of Uttar Pradesh. Since the issues raised in these matters arise from the same selection, they are dealt with together.

3. The provisions of the Uttar Pradesh Sub-Inspector and Inspector (Civil Police) Service Rules, 2018 (‘the Rules’, for short) contemplate a five phase programme of examinations for direct recruitment to the posts of Sub-Inspector and Platoon Commander. The five phases are: (i) Physical Standard Test (ii) Preliminary Written Examination (iii) Physical Efficiency Test (iv) Main Written Examination and (v) Group Discussion.

4. Part V of the Rules deals with the procedure for recruitment. In terms of Rule 14, the appointing authority is to determine and intimate the number of vacancies to be filled during the course of the year of recruitment, including those which are earmarked for reserved categories. Rule 6 contemplates reservation for candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories. The reservation for other categories is governed by Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993, (1993 Act, for short)

5. The procedure for direct recruitment after the vacancies are advertised is dealt with in detail in Rule 15. According to Rule 15(h) in order to succeed in the Preliminary Written Examination, the candidates must secure a minimum of fifty per cent marks. Rule 15 (h) contemplates drawing up of a “Tentative Select List” on the basis of marks obtained in the Main Written Examination and Group Discussion. Such Tentative Select List is to be prepared in respect of each category of candidates in the light of reservation policy and is thereafter sent to Police Head Quarters for further action. Character Verification is thereafter undertaken and in terms of Rule 15(j) if candidates are found unfit in Medical Test or Character Verification, the vacancies are to be carried forward for further selection.

6. After the publication of advertisement on 19.05.2011 for selection of 4010 posts i.e. 3698 posts for Sub-Inspectors (Civil Police) and 312 posts for Platoon Commander (PAC), the selection process was undertaken. After the physical test, the preliminary examination was held on 11.12.2011. The main examination was thereafter held on 14.09.2014 which was followed by Group Discussion. Final results were published on 16.03.2015 seeking to fill up all the posts which were advertised except 226 posts namely 205 and 21 posts reserved for dependents of freedom fighters in the categories of Sub-Inspectors (Civil Police) and Platoon Commander (PAC) respectively, which could not be filled because of non-availability of candidates. According to the authorities, these posts were therefore required to be carried forward for subsequent selection.

7. A challenge was raised to the selection of certain candidates inter alia on the ground that said candidates had used whitener/blade while answering questions in the main examination. It was submitted that such candidates ought to have been disqualified and excluded from the final result. The challenge was accepted by the High Court of Allahabad in its decision dated 29.05.2015 in Writ Petition No.67782 of 2014, (Saket Kumar vs. State of U.P.) which directed the authorities to exclude the names of all those candidates who had used whitener/blade in the main examination. In the light of this decision, the authorities then revised the final result on 25

Click Here to Read the rest of this document

2018 Supreme(SC) 1179

IMPORTANT POINTOrder of Court fixing eligibility of 50% and selection on merit cannot be confined to the persons before the Court. The order held to be in rem.

Cases Referred (1)

IMPORTANT POINT
Order of Court fixing eligibility of 50% and selection on merit cannot be confined to the persons before the Court. The order held to be in rem.