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2011 Supreme(All) 2040

RAJES KUMAR
RAMESH SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Amit Sthalekar and Ajay Shankar Pathak for the Petitioners; Y.K. Srivastava, Piyush Shukla and C.S.C. for the Respondents.

JUDGMENT

Hon’ble Rajes Kumar, J.—Heard Sri Amit Sthalekar, learned counsel for the petitioners and S/Sri Y.K. Srivastava and Piyush Shukla, learned Standing Counsels.

2. In the present writ petition, the petitioners are challenging the clause (b) of U.P. Sub-Inspector and Inspector (Civil Police) Rules, 2008 (hereinafter referred to as the “Rules, 2008”), which provides physical efficiency test. This clause requires that the candidate selected under clause (a) shall be required to appear in physical efficiency test of qualifying nature. The male candidates shall be required to complete a run of 10 kilometres in 75 minutes and the female candidates a run of 5 kilometres in 45 minutes.

3. The petitioners are the Head Constables. Under the promotion quota of 25% the petitioners appeared in the examination for the post of Sub-Inspector. All the petitioners have succeeded in the written examination and are subject to the physical efficiency test.

4. The contention of the petitioners is that they have been appointed in the police department in the year 1987. Since 2000 though there were vacancies but no step had been taken to fill up the vacancies on the post of Sub-Inspector. In the year











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