ALLAHABAD HIGH COURT
BEFORE : P.K.S. BAGHEL, J.
VANDANA ....Petitioner
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition Nos. 52546, 51517 and 52743 of 2015, decided on 10th August, 2016)
Result; Petition Allowed Partly.
Hon’ble P.K.S. Baghel, J.—In this batch of petitions, the petitioners are candidates for appointment on the posts of Constables in U.P. Police and other equivalent posts. The candidature of all the petitioners has been rejected on medical grounds.
2. Before adverting to the issue involved in the petitions, the brief common facts of the case are necessary to be referred as under:
3. The Additional Secretary (Recruitment), U.P. Police Recruitment and Promotion Board, Lucknow issued a notification on 14th May, 2013, which was amended on 20th June, 2013 to initiate recruitment process for filling the posts of Constables in U.P. Police. Pursuant thereto an advertisement was issued inviting applications from the candidates against 20000 posts of Police Constables.
4. By the aforesaid subsequent notification dated 20th June, 2013, the posts of Police Constables were increased from 20000 to 35500, and 4033 posts were advertised for Constables in Provincial Armed Constabulary and 2077 posts of Firemen. It was mentioned in the advertisement that the candidates who had applied for the posts of Constables in pursuance of the earlier advertisement issued in the year 2011, their candidature will be considered as per the advertisement of 2011 and they were required to fill another form for which no fee was directed to be charged from them.
5. The candidates who had applied for the posts of Constables in pursuance of earlier advertisement were provided the age relaxation also. The recruitment process consists of a preliminary examination of 300 marks followed by a Physical Efficiency Test (PET), Main Written Examination, Scrutiny of Documents and Medical Examination.
6. In the notification dated 14th May, 2013 it was provided that the Joint Examination-2011 was cancelled on 15th July, 2011 and a fresh advertisement was made for the Police Constables in the Pay Band Rs. 5200-20200 with Grade Pay of Rs. 2000. In the said advertisement for the posts of Constables, 10000 posts were unreserved, 5400 posts were reserved for the Other Backward Classes, 4200 posts under the Scheduled Castes Category and 400 posts under Scheduled Tribes. 2% horizontal reservation was also provided to the dependents of Freedom Fighters, 5% for Ex-Army Personnel and 5% for Homeguards and 20% for Female category.
7. It was also made clear that the number of the vacancies can be varied before the preliminary examination. The last date for submission of the form was 18th August, 2013. A brochure was issued containing detailed instructions and requirements under the relevant rules regarding physical and written examinations. It provided that minimum height of the male candidates of General, Other Backward Classes and Scheduled Castes should be 168 centimeters and of the female candidate 152 centimeters; for the candidates under the Scheduled Tribes category it was 160 centimeters for male and 147 centimeters for female candidate. It was also mentioned that the examination shall be of 300 marks, wherein 150 marks were assigned for General Knowledge and Current Affairs, 75 for Reasoning Ability and 75 for Numerical Ability. Thirty-five percent of the marks was the minimum qualifying marks in the preliminary examination.
8. It further provided that out of the successful candidates in the preliminary examination against the existing vacancies, ten times candidates equivalent to ten times of the vacancies on the basis of the reservation would be called to participate in the next step of examination i.e. Physical Efficiency Test. The candidates who qualify the Preliminary Examination and PET, had to appear in the Main Written Examination, which is of 300 marks. The Main Written Examination consists of general awareness, mental ability, reasoning and comprehension. Thirty-five percent of the total marks is the qualifying marks and it is not necessary to secure 35% in
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