Hon’ble Dilip B Bhosale, C.J.—The Uttar Pradesh Public Service Commission, through its Chairman and Members, have instituted this writ petition under Article 226 of the Constitution of India, calling into question the order/notification dated 21.11.2017. By this order/notification, the Government of India, Ministry of Personnel, Public Grievance and Pensions (Department of Personnel and Training), in exercise of the powers conferred by sub-section (1) of Section 5, read with Section 6 of the Delhi Special Police Establishment Act, 1946 (Act No. 25 of 1946) (for short, ‘Act, 1946’), with consent of the State Government, has extended the powers and jurisdiction of members of the Delhi Special Police Establishment in the whole of the State of Uttar Pradesh for conducting enquiry/investigation into serious allegations against the Uttar Pradesh Public Service Commission (for short, ‘UPPSC’) in respect of examinations and their results held/declared during the period between 1.4.2012 and 31.3.2017 (for short “relevant period”). Further, they have also prayed for a writ of mandamus, restraining respondent Nos. 1 to 3 from interfering in any manner, with the functioning of UPPSC. By way of an amendment application, bearing No. 2/18, the petitioners also questioned the letters dated 31.7.2017 and 6.9.2017, and the order dated 31.7.2017 issued by the Principal Secretary (Home), Government of Uttar Pradesh. By the letters dated 31.7.2017 and 6.9.2017, the Principal Secretary requested the Government of India for CBI enquiry/investigation as per the State Government’s order dated 31.7.2017 into the allegations levelled against UPPSC in respect of the examinations/results declared during the relevant period.

2. The factual matrix, sans unnecessary details, leading to this petition, is as follows:

2.1 The Chairman and Members of UPPSC, who are presently holding office, were appointed between June 2012 and November 2016, during the regime of previous ‘Samajwadi Party’ Government. The Bhartiya Janta Party, after general elections, came into power on 19.3.2017. The present Chairman was appointed on 15.3.2016.

2.2 The selections made by UPPSC, during the relevant period, are subject-matter of enquiry/investigation initiated on the basis of the impugned order dated 21.11.2017. The enquiry/investigation was sought by the Government of Uttar Pradesh on the basis of large number of complaints received through different sources, including the complaints forwarded by the Prime Minister office and the Governor office, not only during the regime of the present Government but even during the regime of “Samajwadi Party” Government. It was also on the basis of allegations made in large number of writ petitions filed by different persons, including Public Interest Litigation No. 51911 of 2015, filed by Shri Julio F. Ribeiro, Ex. D.G.P., Punjab and others seeking CBI enquiry/investigation and Public Interest Litigation No. 29323 of 2015 filed by Satish Kumar Singh against Dr. Anil Kumar Yadav, the then Chairman, UPPSC, calling into question his appointment as Chairperson. To understand the nature of allegations and the backdrop against which CBI enquiry/investigation was sought, it would be advantageous to reproduce averments made in paragraphs 8, 9, 10 and 11 of the counter-affidavit filed on behalf of the State Government. The relevant paragraphs read thus:

“8. That after the appointment of Dr. Anil Kumar Yadav as Chairperson of the Commission in April 2013, various complaints of all kind by examinees were received directly by the State Government or rooted through the office of the Prime Minister of India/Governor of the State in various department-wise selections. Apart from the students and examinees, even public representative have approached against the selections conducted by the Commission. Such complaints related to promoting candid