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IN THE HIGH COURT OF ALLAHABAD
RITU RAJ AWASTHI, DINESH KUMAR SINGH, JJ.
State of U.P. and Another – Appellants
Versus
Aakash Verma and Others – Respondents
Special Appeal Defective Nos. 243, 244, 245, 246 of 2021
Decided On : 27-08-2021
Uttar Pradesh Police Ministerial, Accounts, Confidential Assistant Cadre Service (First Amendment) Rules, 2016 - Rule 10 - U.P. Police Ministerial, Accounts and Confidential Assistant Cadres Service (3rd Amendment) Rules, 2020 - Constitution of India, 1950 - Articles 14 and 19 - ‘O’ Level certificate - Statutory rules - Essential qualification for direct recruitment - Appointment on posts of Sub-Inspector - Applications for condonation of delay - delay of 87 days - sought for direction to Uttar Pradesh Police Recruitment and Promotion Board (appellant Board) to treat petitioners (respondents) qualified and eligible for appointment on posts of Sub- Inspector (Confidential), Assistant Sub-Inspector (Ministerial) and Assistant Sub-Inspector (Accounts) and, further direction to consider candidature of petitioners-respondents for appointment on these posts while considering the degree/diploma possessed by petitioners-respondents as equivalent to ‘O’ Level certificate issued by DOEACC/NIELIT.
Finding of the Court:
Learned Single Judge has wrongly held that higher qualification held by the respondents would be inclusive of ‘O’ Level certificate and, therefore, the finding of Single Judge that respondents meet essential eligibility condition, is not correct - None of respondents had ‘O’ Level certificate issued from DOEACC/NIELIT and, therefore, they were not found eligible for appointment on three posts, subject matter of advertisement. Rules, 2020 have no retrospective operation and, cannot be made applicable to recruitment process initiated in pursuance of advertisement prescribing the essential qualification of having ‘O’ Level certificate from DOEACC/NIELIT as per the existing Rules, 2016 - There is no challenge to statutory rules. Respondents had applied in pursuance of advertisement, therefore, they cannot be allowed later on to challenge recruitment on ground of institutional exclusivity. State has prescribed ‘O’ Level certificate from premier institute i.e. NIELIT in statutory rules and therefore court do not find any wrong in such a prescription. Court view that the writ petition filed by the respondents of Special Appeal after recruitment process completed, was not maintainable even otherwise.
Result: Appeals allowed.
ORDER :
C.M. Application Nos. 84026 of 2021, 84021 of 2021, 84029 of 2021 and 84034 of 2021
1. Heard.
2. These special appeals have been filed with a reported delay of 87 days as on the date of filing. Appeals are accompanied with applications for condonation of delay. Cause shown in the affidavits filed in support of the applications for condonation of delay is sufficient. Even otherwise, considering the Supreme Court's order dated 27.04.2021, passed in Misc. Application No. 665 of 2021 in SMW (C) No. 3 of 2020; Cognizance for Extension of Limitation vs. XXXX, we are satisfied that the delay in filing the appeals is liable to be condoned.
Accordingly, the applications for condonation of delay are allowed and the delay in filing the appeals is condoned.
3. Order on Memo of Special Appeal Batch of these four special appeals (Intra-court appeals) have been filed impugning the common judgment and order dated 26.3.2021 passed in Writ Petition Nos. 20385 (SS) of 2019, 20505 (SS) of 2020, 24584 (SS) of 2019 and 20251 (SS) of 2019.
Writ petitions were filed for direction to the Uttar Pradesh Police Recruitment and Promotion Board, (hereinafter referred to as ‘appellant Board’) to treat the petitioners (respondents herein) qualified and eligible for appointment on the posts of Sub- Inspector (Confidential), Assistant Sub-Inspector (Ministerial) and Assistant Sub-Inspector (Accounts) and, further direction to consider the candidature of the petitioners-respondents for appointment on these posts while considering the degree/diploma possessed by the petitioners-respondents as equivalent to ‘O’ Level certificate issued by the DOEACC/NIELIT.
4. Facts of Special Appeal (Defective) Nos. 243 of 2021, 244 of 2021 and 246 of 2021, in brief, are as under:-
(ii) As per the advertisement, the following were the essential qualifications for three posts:
“(i) Assistant Sub-Inspector of Police (Ministerial):
(a) Bachelor Degree from a University established by law in India or equivalent qualification recognised by the Government.
(b) Hindi typing with speed of at least 25 words per minute and English Typing with speed of at least 30 words per minute (Unicode based using in-script-key board or as prescribed by the Head of Department).
(c) Certificate of ‘O’ level in Computer from DOEACC/NIELIT Society.
(ii) Assistant Sub-Inspector of Police (Accounts):
(a) Bachelor Degree in Commerce or Post-Graduate Diploma in Accountancy from an University established by law in India or equivalent qualification recognised by the Government.
(b) Hindi Typing (Uni-code based using in-script-key board or as prescribed by the Head of Department) with speed of at least 15 words per minute.
(c) Certificate of ‘O’ level in Computer from DOEACC/NIELIT Society.
(iii) Sub-Inspector of Police (Confidential):
(a) Bachelor Degree from a University established by law in India or equivalent qualification recognised by the Government.
(b) Hindi Typing with speed of at least 25 words per minute and English Typing with speed of at least 30 words per minute (Unicode based using in-script-key board or as prescribed by the Head of Department).
(c) Hindi shorthand dictation with a speed of minimum 80 words per minute.
(d) Certificate of ‘O’ level in Computer from DOEACC/NIELIT Society.”
(iii) It was further provided in the advertisement that following would be preferential qualifications for the aforesaid posts:-
“(a) Higher certification from DOEACC/NIELIT.
(b) Graduation in Law from any institute or college or university recognized by University Grants Commission.
(c) Candidate had to submit preferential qualification for at least two years in the Territorial Army.
(d) Possess of ‘B’ Certifica
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