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2019 Supreme(Chh) 1069

CHHATTISGARH HIGH COURT
Goutam Bhaduri, J.
PARMESHWAR YADAV - APPELLANT
Versus
STATE OF CHHATTISGARH THROUGH SECRETARY, DEPARTMENT OF HOME (POLICE) - RESPONDENT
Writ Petition (S) No. 8633 of 2019, 8632 of 2019, 8650 of 2019, 8657 of 2019, 8664 of 2019, 8674 of 2019, 8686 of 2019, 8702 of 2019, 8716 of 2019, 8722 of 2019, 8724 of 2019, 8737 of 2019, 8747 of 2019, 8763 of 2019, 8764 of 2019, 8770 of 2019, 8772 of 2019, 8787 of 2019, 8798 of 2019, 8810 of 2019, 8836 of 2019, 8883 of 2019, 8889 of 2019, 8891 of 2019, 8911 of 2019, 8985 of 2019, 8989 of 2019, 8993 of 2019, 8997 of 2019, 9012 of 2019, 9040 of 2019, 9057 of 2019, 9058 of 2019, 9059 of 2019, 9074 of 2019, 9088 of 2019, 9090 of 2019, 9126 of 2019, 9261 of 2019, 9266 of 2019, 9273 of 2019, 9281 of 2019, 9812 of 2019, 9978 of 2019, 10033 of 2019, 8796 of 2019
Decided On : 12-12-2019

Advocates Appeared:
Naushina Afrin Ali, Advocate, Topilal Bareth, Advocate, Nitansh Kumar Jaiswal, Advocate, Ajay Kumrani, Advocate, Amrito Das, Advocate, Avinash Singh, Advocate

Headnote:

Chhattisgarh Police Executive Force Constable (Recruitment and Conditions of Service) Rules 2007 – Service matter - Posts of Constables (GD) - Cancellation of recruitment process - Advertisement was issued for selection and recruitment of Constables (General Duty). The said advertisement was made to fall in line with the proposed amendment which was to be incorporated in Rules 2007 - On 03.01.2018, the filling of on-line application forms started and the last date for submission of on-line application was 04.02.2018. The petitioners contend that on 23.2.2018, a gazette notification was issued by the State wherein the proposed amended rules were notified. Thereafter, as per the time-schedule, in the month of May-June, 2018 the candidates were called to undergo the Physical Proficiency Test and physical measurements for recruitment to the post of Constable (GD). Subsequently Additional Director General of Police issued letters to all the Superintendents of Police in the State for taking suitable steps to conduct the written examination of Constable (General Duty) Recruitment – Held, Supreme Court laid down the law that the State has got power to prescribe the qualifications for recruitment. It is further observed that the candidates who had appeared for the examination and passed the written examination would only get legitimate expectation to be considered of their claim according to the rule then in vogue. Obviously no candidate acquired any vested right against the statute, therefore, the State would be within its power to withdraw the notification by which it had previously notified the recruitment and to issue a fresh notification in this regard on the basis of amended rules - Petitions dismissed.

JUDGMENT

Goutam Bhaduri, J. - Since the issue pertains to cancellation of recruitment process/ selection to the vacant posts of Constables (GD) in the entire batch of petitions, they are heard and decided together by the common order.

2. The common challenge is to the order dated 27.09.2019 filed as Annexure P-1 whereby the recruitment process for selection to 2259 vacant posts of Constables (General Duty) in Police Force was cancelled.

3. The facts of the case are that on 29.12.2017, an advertisement was issued for selection and recruitment of Constables (General Duty). The said advertisement was made to fall in line with the proposed amendment which was to be incorporated in Chhattisgarh Police Executive Force Constable (Recruitment and Conditions of Service) Rules 2007 (henceforth called as "the Rules of 2007). On 03.01.2018, the filling of on-line application forms started and the last date for submission of on-line application was 04.02.2018. The petitioners contend that on 23.2.2018, a gazette notification was issued by the State wherein the proposed amended rules were notified. Thereafter, as per the time-schedule, in the month of May-June, 2018 the candidates were called to undergo the Physical Proficiency Test and physical measurements for recruitment to the post of Constable (GD). Subsequently on 07.09.2018, the Additional Director General of Police issued letters to all the Superintendents of Police in the State for taking suitable steps to conduct the written examination of Constable (General Duty) Recruitment for 2017-2018. The written test was conducted on 30th September, 2018. Thereafter the model answers were published on 04.10.2018 by the Police Headquarters in the official website and objections were invited. Subsequent thereto on 26.12.2018, the model answers were again published by the Police Head Quarters and after sorting out objections, 4 questions were deleted in all the 4 sets of question/answer sheets.

4. Thereafter since the result thereof was not declared, a Writ Petition bearing WPS No. 1923 of 2019 was filed by few of the candidates wherein this Court by order dated 18.03.2019 directed respondent No.2 to take decision within a period of 60 days for publication of results. Thereafter on 27.09.2019, the orders have been passed by respondent no.2 for cancellation of recruitment process of the Constables (GD) on the ground that it may give rise to certain legal impediment as per the opinion of the Law Department. Thereafter on the same date i.e., 27.09.2019 the gazette notification was issued by respondent No.1 whereby the earlier amended rules of 23.02.2018 were replaced by old rules and the Officer-In-Charge was appointed for recruitment and selection afresh.

5. Learned counsel for the petitioners would submit that the entire process of recruitment of Constables (GD) were completed and only the results were awaited. It is contended that the recruitment process was done on the basis of amended recruitment rules for the Constable and in the initial advertisement, the criteria for selection of Physical Proficiency Test was published which would require for a male candidate to complete 1500 meters run in 5.40 minutes and for a female candidates, the requirement of running was of 800 meters in 3.20 minutes. It is stated that the proposed rules before the amendment was notified before 23.02.2018 were in public domain and initially after qualifying in Physical Proficiency Test, the subsequent written examination was conducted.

6. It is further contended that in respect of recruitment to the post of Constable Telecom Department, on 14.05.2018 the on-line applications were invited from the candidates for filling up vacant posts of Constable Telecom pursuant to the amended rules. It is stated that the last date for filling up of application forms for the Constable Telecom was 14.06.2018 and on 14.6.2018 itself the gazette notification of amended Rule was made after Constable Telecom Recruitment Rules. It is st

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