JUDGMENT

Jaswant Singh, J. - By this common Order, the aforementioned seven (7) Writ Petitions, are being disposed of, as the same involve similar facts, identical issues and are all directed against the common Order dated 17.01.2020 passed the Ld. Central Administrative Tribunal Regional Bench Chandigarh (hereinafter referred to as the 'Tribunal') in OA No. 199 of 2019 and OA No. 211 of 2019 whereby the appointment of the Director General of Police (Head of Police Force) {hereinafter referred to "DGP (HoPF)"} for the State of Punjab has been set aside.

For the purpose of this judgment, the facts are being taken from CWP No. 1660 of 2020 titled "State of Punjab versus Central Administrative Tribunal and others" which with the consent of the parties is taken as the lead case.

Background:

2. The background leading to the present litigation is that Mohd. Mustafa and Siddarth Chattopadhyaya who belong to the Indian Police Service of 1985 / 1986 batch belonging to the Punjab cadre filed Original Applications assailing an order dated 07.02.2019 (P-2 Colly/A-11), wherein the Government of Punjab appointed Dinkar Gupta, an IPS officer of 1987 batch of Punjab cadre, as Director General of Police, Head of Police Force {hereinafter referred to as DGP (HoPF)}, on the basis of the recommendations dated 04.02.2019 (P-2 Colly/A-10), made by the Empanelment Committee constituted by the Union Public Service Commission (hereinafter referred to as "UPSC"). The brief facts are as follows :

2.1. The post of DGP (HoPF) in the State of Punjab was to fall vacant on the retirement of Mr. Suresh Arora. In anticipation of such vacancy, steps were taken to select the suitable Officer from among all eligible officers of the Cadre of the DGP/ ADGP.

2.2. The proposals for preparation of panel of names to be considered for appointment to the post of DGP (HoPF), were initiated by the State of Punjab, Department of Home Affairs by addressing a letter dated 19.01.2019 (P-2 Colly/A-7) to the UPSC. The proposal referred to the orders passed by the Hon'ble Supreme Court in "Prakash Singh & others v. Union of India & others" and a list of 12 officers, who were working in the rank of DGP/Additional DGP and have completed 30 years of service, was forwarded. The names of Mohd. Mustafa, Siddarth Chattopadhyaya & Dinkar Gupta appeared at Sl. No. 2, 5 & 6 respectively, in the said List of 12 Officers forwarded with the letter dated 19.01.2019 (P-2 Colly/A-7).

2.3. The UPSC / Empanelment Committee upon the receipt of said proposal conducted its proceedings and vide its recommendations dated 04.02.2019 (P-2 Colly/A-10) forwarded a panel of 3 names, i.e. Dinkar Gupta, M K Tiwari and Mr. V K Bhawra, who were at serial No. 6, 8 & 9 respectively of the list forwarded by the Government. By the order dated 07.02.2019 (P-2 Colly/A-10), the State of Punjab, Department of Home Affairs appointed Dinkar Gupta who was senior-most in the empanelled Officers as its DGP (HoPF).

2.4. Mohd Mustafa filed Original Application O.A. No.199 of 2019 and Siddarth Chattopadhyaya filed O.A. No. 211 of 2019 seeking the quashing of the Order dated 07.02.2019 vide which Sh Dinkar Gupta IPS was appointed as DGP (HoPF) with the assertions that the applicants are more qualified and senior to Sh Dinkar Gupta in respect of the conditions prescribed by the Hon'ble Supreme Court in Prakash Singh case (supra). It was also further prayed that the recommendations dated 04.02.2019 made by the Empanelment Committee of the UPSC be also quashed.

Separate replies were filed by Union of India, UPSC and the Empanelment Committee, State of Punjab, Dinkar Gupta before the Tribunal refuting the grounds raised by the Applicants.

Impugned Order

3. The Tribunal by the impugned Order herein, dated 17.01.2020, allowed both the Original Applications and held that the procedure adopted by Respondent UPSC and the Empanelment Committee for preparation of the panel for the purpose of selection and appointment of DGP (HoPF) for the