By the Court.—This intra Court Special Appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 is directed against the judgment of learned Single Judge dated 9.12.2013 by which he has quashed the Government Order dated 3.9.2013 and the consequential order dated 24.9.2013 cancelling the entire proceeding of selection/recruitment, initiated vide advertisement dated 19.5.2011 by the U.P. Police Recruitment and Promotion Board, Lucknow on 3698 substantive posts of Sub Inspector (Civil Police), and 312 posts of Platoon Commander in Provincial Armed Constabulary (PAC). Learned Single Judge has directed the State respondents to complete recruitment commencing from the stage it was stopped, in accordance with the rules as they stood before 5th Amendment Rules, 2013 expeditiously but not later than three months from the date of production of a certified copy of the order before the respondents competent authority.

2. We have heard Shri Piyush Shukla, Standing Counsel appearing for the State appellants. Shri Ashok Khare, Senior Advocate assisted by Shri K.M. Asthana and Shri Seemant Singh have appeared for the respondents, who were petitioners in the writ petitions.

3. Brief facts giving rise to this Special Appeal are that prior to enforcement of U.P. Sub Inspector and Inspector (Civil Police) Service Rules, 2008, and U.P. Pradeshik Armed Constabulary Subordinate Officers Service Rules, 2008, the recruitment to Civil Police and PAC was governed by the executive instructions issued from time to time. The Rules made in the year 2008 separately for the Sub Inspector and Inspector (Civil Police) and PAC were notified on 2.12.2008. The U.P. Sub Inspector and Inspector (Civil Police) Service Rules, 2008 has thereafter undergone seven amendments upto 11.12.2013, whereas the U.P. Pradeshik Armed Constabulary Subordinate Officers Service Rules, 2008 has undergone four amendments. In this Special Appeal we are concerned with the 1st Amendment dated 2.4.2009 and the Corrigendum dated 10.6.2009, issued to 1st Amendment dated 2.4.2009 amending Rule 15 and the 5th Amendment dated 1.3.2013 by relaxing the standard of Physical Efficiency Test in Column No. II (e) in the Rules of 2008; applicable to recruitment of Sub Inspector and Inspector in Civil Police, whereby the following amendment was carried out :

(e) Physical Efficiency Test.—The candidates who are declared successful in the preliminary written test under clause (d) shall be required to appear in a Physical Efficiency Test of qualifying nature. The male candidates shall be required to complete a run of 4.8 kilometers in 35 minutes and the female candidates a run of 2.4 kilometers in 20 minutes. The procedure for conducting the Physical Efficiency Test shall be such as prescribed in Appendix-2.”

4. Similarly the 3rd Amendment dated 6.6.2013 under Rule 18 of the U.P. Pradeshik Armed Constabulary Subordinate Officers Service Rules, 2008, has carried out amendments to the same effect relaxing the criteria for the distance and time of run in the physical efficiency test.

5. An advertisement was published on 19.5.2011 by the State Government through U.P. Police Recruitment and Promotion Board, Lucknow for recruitment of 3698 substantive posts of Sub Inspector (Civil Police) including 1849 posts in General Category; 998 in Other Backward Classes, 777 in Scheduled Castes and 74 in Scheduled Tribes. The advertisement also included recruitment of 312 substantive posts of Platoon Commander in PAC including 156 in General Category, 84 in Other Backwar Classes, 66 in Scheduled Castes, and 6 in Scheduled Tribes.

6. In the second column of the advertisement the recruitment procedure was prescribed to be undertaken in six steps namely (1) Physical Standard Test; (2) Preliminary Written Examination; (3) Physical Efficiency Test; (4) Main Written Examination; (5) Group Discussion and (6) Medical Examination. The candidates, who meet the minimum of physical standards could appear in th