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2019 Supreme(SC) 568
SUPREME COURT OF INDIA
UDAY UMESH LALIT, INDU MALHOTRA, JJ.
LANCE NAYAK PNO NO.980510777 RAJ BAHADUR & ORS. – Petitioners
Versus
STATE OF UTTAR PRADESH & ORS. – Respondents
CIVIL APPEAL NO.4837 OF 2019 (Arising out of SLP(C) No.15699 of 2018) WITH CIVIL APPEAL NO.4838 OF 2019 (Arising out of SLP(C) No.10674 of 2018) WITH CIVIL APPEAL NO.4839 OF 2019 (Arising out of SLP(C) No.10675 of 2018) WITH CIVIL APPEAL NOS.4840-4842 OF 2019 (Arising out of SLP(C) No.12891-12893 of 2018) WITH CIVIL APPEAL NO.4844 OF 2019 (Arising out of SLP(C) No.12247 OF 2019) (D.NO.31847 of 2018) WITH CIVIL APPEAL NO.4845 OF 2019 (Arising out of SLP(C) No.12248 OF 2019) (D.NO.42625 of 2018) WITH CIVIL APPEAL NOS.4843 OF 2019 (Arising out of SLP(C) No.7168 of 2019) WITH CIVIL APPEAL NO.4846 OF 2019 (Arising out of SLP(C) No.12250 OF 2019) (D.NO.46457 of 2018) WITH CMA NO.643 OF 2019 IN TC(C) NO.297 OF 2017 WITH CMA NO.732 OF 2019 IN TC(C) NO.287 OF 2017
Decided On : 09-05-2019
For the Parties :Mr. Pawan Kumar Shukla, Mr. Pankaj Kr. Singh,Adv. Mr. Vivek Vishnoi, Mr. Raj Singh Rana, Mr. Mukesh Verma, Mr. Makrand Pratap Singh, Mr. Yash Pal Dhingra, Ms. Vibha Dutta Makhija, Mr. P.N. Puri, Ms. Reeta Dewan Puri, Mr. Praveen, Mr. Manoj Gorkela, Mr. Arpit Bisht, M/S. Gorkela Law Office, Mr. Vivek Vishnoi, Mr. Ram Anugrah Singh, Mr. Kamal Kumar Pandey, Mr. Rabin Majumder, Mrs. Swarupama Chaturvedi, Mr. Mukesh Kumar, Ms. Aparna Trivedi, Advocates
Headnote:
Service Law – Appointment – Uttar Pradesh Sub-Inspector and Inspector (Civil Police) Service Rules, 2008 – Rule 16 – Posts of Sub-Inspector (Civil Police) – In these matters with limited Departmental examination where idea is, regardless of seniority levels, a meritorious candidate be given chance to reach higher levels – Merit is key element and there can be no compromise and dilution of criteria – What is required in terms of Rules is minimum of 50 per cent marks – It was open to State to have prescribed a relaxed or a different criterion for reserved categories candidates – However, no such relaxation was granted by State and consequently no relief can be granted by Court – Appeal dismissed.
JUDGMENT :
Uday Umesh Lalit, J.
CIVIL APPEAL NO.4837 OF 2019 (Arising out of SLP(C) No.15699 of 2018)
1. Leave granted.
2. This appeal challenges the correctness of the final judgment and order dated 20.04.2018 passed by the High Court of Judicature at Allahabad in Writ appeal No.10308 of 2018. This appeal was taken as the lead matter.
3. The appellants belong to Scheduled Caste category and are posted as Constables/Head Constables in the Police Department of Uttar Pradesh. They appeared in the limited departmental examination held for filling up the posts of Sub-Inspector (Civil Police), pursuant to an advertisement issued by UP Police Recruitment and Promotion Board on 12.06.2010 for filling up 5389 posts. The conduct of examination was to be governed by Uttar Pradesh Sub-Inspector and Inspector (Civil Police) Service Rules, 2008. Said Rule 16 is to the following effect :
“16. Procedure for recruitment by promotion to the post of Sub-Inspector – For the purpose of recruitment by promotion on the basis of departmental examination to the post of Sub-Inspector, the Board shall conduct a written examination in the following manner:
(a) Written Examination - (I) The eligible candidates 3 shall be required to appear in the written examination which shall car4ry 300 marks. The details of the subjects included in the written examination and the marks shall allotted for each subjects are as follows :
S.No.
Subject
Maximum marks
1.
Hindi Essay (based on Law and Order case study and police functioning)
100 marks
2.
Basis Law, Constitution and Police Procedure (Indian Penal Code, Criminal Procedure Code, Evidence Act and Police Manual etc.)
100 marks (objective type)
3.
Numerical and Mental Ability Test
50 marks (objective type)
4.
Mental Aptitude Test/I.Q. Test/Reasoning
50 marks (objective type)
Note- The question papers shall be set up keeping in mind the job profile of the post of Sub-Inspector and commensurate with the job responsibility.
Note 2-The candidates who fail to obtain minimum fifty percent marks in each subject shall not be eligible for promotion.
(ii) The Selection Committee shall, have regard to the provision of reservation referred to in Rule 6, prepare a list of successful candidates on the basis of marks obtained by them in the written examination under sub-clause (I) of Clause (a).
(b) Physical Efficiency Test – The candidates selected under clause (a) shall be required to appear in a Physical Efficiency Test of qualifying nature. The male candidates shall be required to complete a run of 10 kilometers in 75 minutes and female candidates a run of 5 kilometers in 45 minutes.
(c) Service Records – marks on the basis of Service Records shall be awarded to each candidate selected under sub-clause (ii) of clause (a). the maximum marks for the length of service shall be 20(01 marks for each year), for the educational qualification of Graduation and above degree 10 marks. Training Course 30 marks out of which 10 marks, Training Course 30 marks out of which 10 marks each for every substantive training subject to a maximum of 20 and 02 marks each for every non-substantive training subject to a maximum of 10 marks and 30 marks for annual entry. For every medal of National leave 03 marks, every medal of state level 02 marks subject to maximum of 10 marks and no marks will be given for cash reward. Thus, there shall be maximum 100 marks as above. The Training Director of Police organization is authorised to 4 notify any training as substantive and non-substantive subject to the condition that no training which is less than one month’s during shall be notified as substantive training. For every major punishment 30 marks, for every minor punishment 02 marks and for every adverse entry, petty punishment 01 marks shall be deducted. The Service Records shall also be examined keeping i
