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2007 Supreme(All) 1209

[2007(4) ADJ 457]
ALLAHABAD HIGH COURT
BEFORE : ARUN TANDON, J.
VINOD KUMAR TRIPATHI AND OTHERS —Petitioners
Versus
STATE OF U.P. AND OTHERS —Respondents
(Civil Misc. Writ Petition No. 62126 of 2005, 61706/05, 62498/05, 62596/05, 62829/05, 63188/05, 63314/05, 62377/05, 63440/05, 63970/05, 63986/05, 64270/05, 64371/05, 64479/05, 64498/05, 64676/05, 64709/05, 64807/05, 64937/05, 65128/05, 65720-05, 66234/05, 66191/05, 66232/05, 66705/05, 61115/05, 74803/05, 13554/05, 55164/05, 35341/03, 66828/05, 66833/05, 66876/05, 65598/05, 66957/05, 67639/05, 67953/05, 68276/05, 70940/05, 71007/05, 71194/05, 71199/05, 71755/05, 72685/05, 72911/05, 72940/05, 73597/05, 74081/05, 74215/05, 70650/05, 74319/05, 74006/05, 73854/05, 73467/05, 75109/05, 75471/05, 75529/05, 70642/05, 64955/05, 1821/06, 2960/06, 4358/06, 3154/06, 63510/06, 53057/06, 55838/06, 22929/06, 9645/06, 69680/06, 27306/06, 38721/06, 39672/06, 48047/06, 48473/06, 48844/06, 50195/06, 50385/06, 50407/06, 60974/06, 71336/06, 71160/05, 71184/06, 67582/06, 20826/06, 22494/06, 23265/06, 63991/06, 67232/06, 67624/06, 67781/06, 67873/06, 67888/06, 67966/06, 67997/06, 68192/06, 69334/06, 70302/06, 70628/06, 70419/06, 70794/06, 70926/06, all decided on 24th April, 2007)

Advocates appeared:
Shailendra with other Counsels for the Petitioners; S.M.A. Kazmi, Advocate General, C.B. Yadav, Chief Standing Counsel, Amit Sthalekar, Addl. Chief Standing Counsel for the State authorities; Ravi Kant, Rajesh Pratap Singh, V.K. Singh with other Counsel for the selected candidates.

Headnote:Appointment—Posts of Sub-Inspectors (Civil Police)/Platoon Commander PAC—Examination for selection—Conducted and select list prepared—Interview too taken and results declared—Writ petition challenging result filed before High Court—Original records, answer sheets and key answer sheets—Summoned and examined by High Court—It was found that answers of 21 questions, each of 2 marks, in key answer sheets were either incorrect or had multiple right answers and number of candidates called for interview in concerned category were beyond the prescribed ratio of 2 : 5 against each post—These facts were admitted by respondents and corroborated by experts opinion—These materials of wrong selection, materially affected selection and also chances of several candidates for selection—High Court on prayers of respondents considered segregation suggestion of illegally appointed candidates—But found it unpracticable—As such, quashed entire select list, finding it to be violative of fair procedure and statutory rules and directed re-evaluation of answer sheets of all candidates after feeding correct answers of questions in key answer sheets as per report of experts committee at the earliest—High Court gave some other directions also with regard to candidates who had undergone training prior to cancellation of their selection and now found, to be rightly appointed after re-evaluation of answer sheets. [Constitution of India—Article 226]. [Paras 28 and 30 to 39]

       

JUDGMENT

Hon’ble Arun Tandon, J.—This bunch of writ petitions (with Writ Petition No. 62126 of 2005 as leading petition) has been filed with the principal prayer for quashing the select list dated 3rd September, 2005 prepared by the U.P. Police/P.A.C. Recruitment Board, Police Head Quarter, Allahabad in respect of appointments to be made on the post of Sub Inspector (Civil Police)/Platoon Commander, P.A.C.

2. Sri Shailendra Advocate along with large number of other Counsels have been heard on behalf of petitioners. The Advocate General Sri S.M.A. Kazmi, Chief Standing Counsel Sri C.B. Yadav as well as Additional Chief Standing Counsel Sri Amit Sthalekar have been heard on behalf of the State authorities. Private respondents (selected candidates) are represented by Sri Ravi Kant, Senior Advocate assisted by Sri Rajesh Pratap Singh as well as Sri V.K. Singh Senior Advocate and other Counsels.

3. In supplementary Counter-affidavit No. 3 dated 30th October, 2006, filed by Sri Brij Mohan Singh, Deputy Superintendent of Police, Legal Cell U.P. Police Head Quarter, Allahabad, it has specifically been stated that the information about the pendency of the present writ petition has been communicated to all candidates, who have been selected in pursuance to the selections notified on 1.9.2001 and an information was also published in the newspaper.

4. Parties have exchanged their affidavits and have agreed for disposal of the writ petition at this stage itself.

5. On 2nd September, 2001 State respondents published an advertisement for recruitment on the post of Sub-Inspector (Civil Police)/Platoon Commander, P.A.C. A copy of the advertisement is Annexure-1 to the leading writ petition. The number of post advertised are (a) Sub-Inspector (Civil Police) (799 male and 59 female), (b) Platoon Commander (99 in number) this includes the backlog vacancies also. It was further notified that number of vacancies can be altered as per the requirement. The last date for submission of the applications was notified as 15th October, 2001. Reservation in respect of various categories as per rules was also notified to be applicable. It is not in dispute that all the petitioners applied in pursuance to the said advertisement along with private respondents.

6. Initially a preliminary examination pertaining to physical test and eligibility test took place. All the petitioners/respondents qualified the same. Thereafter a main written examination was held and on the basis of the marks achieved by the candidates concerned in the written examination, they were called in order of merit for participation in the interview.

7. It is admitted to the parties that under the statutory rules, number of candidates to be invited for interview has to be in the ratio of 2.5 against 1 post in the category concerned. A merit list for the purposes of invitation to participate in the process of interview was prepared with reference to the marks obtained in the written examination. The first phase of the interview took place between 18th August, 2003 to 28th August, 2003. In the first phase 263 candidates participated (out of which 113 candidates have been finally selected).

8. On 29th August, 2003 further interview was postponed under order of the Government dated 29th August, 2003, the reason assigned being that there was a change of the State Government in the State of U.P. The order dated 29th August, 2003 was revoked under an order dated 15th January, 2004. However, the second phase of the interview could only be started only after 2 years and was held between 14th February, 2005 to 16th February, 2005. In the said interview 496 candidates participated (out of which 167 were finally selected). The last phase of the interview took place on 16th May, 2005 in respect of Ex-Servicemen, wherein 28 candidates were called for interview and 27 have finally been selected.

9. The select list was notified on 3rd September, 2005. The select list as published in the newspaper only made mention of




































































































































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