By the Court.—This writ petition under Article 226 of the Constitution of India has been filed by four petitioners, who are candidates in the selection for the post of constable civil police held in the year 2005 in the State of U.P., challenging the order dated 21st April, 2008, passed by respondent No.1, Annexure-2 to the writ petition.

2. Heard learned counsel for the petitioner, learned Standing Counsel for respondents 2 to 5 and Union of India through the counsel.

3. Learned counsel for the petitioners submitted that they are deeply anguished due to inaction on the part of respondents 1 and 2 in curbing the malpractices which occurred in the selection process of the constables of Civil Police/P.A.C./Radio Police in the State of U.P. The petitioners have challenged their exclusion from the selection for the post of constable in the year 2005 and denied by respondent No.1 to direct the holding of the investigation by C.B.I. in the malpractices in conducting the selection aforesaid.

4. By the notification dated 6th January, 2005, which has been amended by notification dated 21st January, 2005 for recruitment of civil police constables in State of U.P., 6091 vacancies was advertised by U.P. Police Head Quarter on 23rd July, 2005. Similar identical notification was published on 7th April, 2006 for 5296 vacancies and vide notification dated 4th June, 2006 for 6237 vacancies. It is further asserted by the petitioners that on 6th February, 2005, 10th April, 2006 and 23rd September, 2006, certain instructions/guidelines were issued by the Police Head Quarter, Allahabad for governing the respective recruitment process of constables (Civil Police) and these instructions contained detailed guidelines in respect of the schedule of recruitment and eligibility criteria of recruitment. The aforesaid guidelines prescribed the detailed procedure for preparation of one main register in which the marks obtained by the candidates for each item, such as written examination and interview etc. should be shown. It is further provided that the candidates, who had not qualified the physical eligibility test will not be entitled for written examination and for written examination it was compulsory for the candidate to obtain 50 per cent marks in each event of physical eligibility test and after awarding the marks the examiner will put the signature and mark the seal and the same will be sent under sealed cover to the Chairman of Selection Committee.

5. During the selection process a number of complaints were made by the candidates as well as representatives of public regarding grave irregularities and malpractices. The complaint in respect to different recruitment centres were also given to the concerned officials of different districts. It is so happened that certain complaints were received in the office of Chief Minister, U.P. sent by Sri Mohd. Irshad Khan; Sri R.P. Jaiswal; Sri Radhey Lal Rawat and Sri Amresh Shukla (all members of Legislative Assembly, U.P.). On receipt of the aforesaid complaint, the State Government issued direction to Director General of Police U.P. to enquire into the allegations. In pursuant thereto a four member committee headed by Sri Shailja Kant Mishra, Additional Director General of Police was constituted to enquire into the charges of illegalities, corruption, nepotism, procedural irregularities and violations of Rules and instructions issued by the Headquarters by the Director General of Police, U.P. dated 13th June, 2007. The enquiry committee proceeded to conduct inquiry in respect of procedure and work of the Selection Committee, such as (1) physical efficiency text; (2) written examination; (3) interview and (4) tabulation work. This enquiry committee found that there were clear cut violation of recruitment instructions at large scale and irregularities and illegalities such as :

(1) Marks of physical eligibility test were altered and added by the examiner in mark sheet.

(2) All those answer book of the w