By the Court.—Heard Mr. Ashok Khare, learned Senior Counsel, with Mr. Seemant Singh, Advocate on record, for the petitioners, Mr. Manish Goyal, learned Additional Advocate General with Ms. Archana Singh, learned Additional Chief Standing Counsel, Mr. Madhukar Ojha and Mr. Sanjeev Singh, Advocates, for the respondents.

2. The question, what is the ideal mode of selection to the post of Police Constable, by written examinations, as provided for under Rule 15 of the Uttar Pradesh (Civil Police) Constable and Head Constable Service Rules, 2008 (for short ‘Rules, 2008’) or on the basis of marks awarded in 10th and 12th standard Board examination results, as provided for in the new rules, notified on 2.12.2015, namely, the Uttar Pradesh Police Constable and Head Constable Service Rules, 2015 (for short ‘Rules, 2015’) falls for our consideration in these writ petitions. The primary challenge raised in these petitions, under Article 226 of the Constitution of India, is to Rules 15(b), 15(c) and 15(e) of the Rules, 2015, whereby Preliminary Written Test and Main Written Examination that was provided for in Rules, 2008, has been done away with by providing selection on the basis of marks awarded in 10th and 12th standard Board examination results or qualification equivalent thereto, as provided under clause (8) of Rules, 2015.

3. The factual matrix that is relevant for considering the challenge raised and deciding the question that falls for our consideration in all the writ petitions is common. A notification was issued on 29.12.2015 by the respondent-State, notifying recruitment of Constables (Civil Police) and Provincial Armed Constabulary (for short ‘PAC’) under Rules, 2015. They notified 23200 posts of Constable (Civil Police) and 5716 posts for PAC, totalling 28916, prescribing 17.2.2016 as last date for registration of online application and 22.2.2016 for submission of the application. The respondent-State in their counter-affidavit have stated that for the posts of 28916 male vacancies, 15,63,674 applications and for 5800 female vacancies, 56338 applications were received. This Court vide order dated 27.5.2016 had directed the State Government to continue with the recruitment process, but restrained them from declaring results till the next date of hearing. This interim order, we are informed, was continued from time to time and it operates even today. As a result thereof, though the recruitment process continued, the results have not been declared so far.

4. In order to understand the challenge better, we would like to have a glance at Rule 15 in Rules, 2008 and Rules, 2015. Rules, 2008 provide for Preliminary Written Test, followed by Physical Efficiency Test and then Main Written Examination under clauses (c), (d) and (e) of Rule 15 of Rules, 2008. The basic academic qualification for direct recruitment to the post of constable remained same i.e. one must possess the qualification of 12th standard by a Board established by law in India or a qualification recognized by the Government equivalent thereto. The procedure for direct recruitment of constable, as provided for under Rule 15 of Rules, 2008, consisting of the impugned clauses (c), (d) and (e), read thus:

“[15. Procedure for direct recruitment of Constable.—(a) Application.—

(i) A candidate shall fill the application form from one District only. Regarding allocation of Examination Center, the candidate may give more than one option. However, Board may allocate center other than those indicated by the candidate.

(ii) The details of the information regarding educational qualification, age, minimum qualifying standards for each category of examination, including physical, written, medical etc., minimum qualifying marks for Written Examination subject wise, copy of O.M.R. sheet for practice and other important guidelines as may be determined by the Board from t