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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAURABH SHYAM SHAMSHERY, J.
Pramod Kumar Singh and Others – Petitioners
Versus
State of U.P. and Others – Respondents
Writ Appeal Nos. 4225, 6056 of 2022
Decided On : 30-08-2022
RECRUITMENT - EXCISE CONSTABLE - Uttar Pradesh Direct Recruitment to Group ‘C’ Post (Mode and Procedure) Rules-2015 - 4th Amendment Rules of 2008 - The court discussed the challenge to the criteria of physical efficiency test for male and female candidates, the arbitrariness of the selection process, and the selection of female candidates beyond their reserved quota. The court found that the challenge to the rules of a recruitment process at the instance of unsuccessful candidates was impermissible, the different criteria for male and female candidates were not arbitrary, and the selection of female candidates beyond their reserved quota was not erroneous.
Fact of the Case:
The petitioners participated in the recruitment process for the post of ‘Excise Constable’ according to the selection procedure prescribed under Uttar Pradesh Direct Recruitment to Group ‘C’ Post (Mode and Procedure) Rules-2015. They challenged the criteria of physical efficiency test for male and female candidates and the final result, claiming arbitrariness and violation of constitutional provisions.
Finding of the Court:
The court found that the challenge to the rules of a recruitment process at the instance of unsuccessful candidates was impermissible. It also found that the different criteria for male and female candidates were not arbitrary and the selection of female candidates beyond their reserved quota was not erroneous.
Issues: The issues considered by the court included the permissibility of challenging the rules of a recruitment process at the instance of unsuccessful candidates, the arbitrariness of the different criteria for male and female candidates, and the selection of female candidates beyond their reserved quota.
Ratio Decidendi: The court held that unsuccessful candidates cannot challenge the criteria/rules of selection after participating in the recruitment process. It also found that the different criteria for male and female candidates were based on their physical abilities and not arbitrary. Additionally, the court held that the selection of female candidates beyond their reserved quota was not erroneous.
Final Decision: Both writ petitions were dismissed by the court.
JUDGMENT :
SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri.Ashok Khare, learned Senior Counsel assisted by Sri Alok Mishra for the petitioners, Sri Rakesh Pandey, learned Senior Counsel assisted by Sri Chandan Sharma and Sri V.B. Yadav, learned Standing Counsel for respondents, Uday Pratap Singh and Sri Seemant Singh, learned counsel for the selected candidates and Sri Siddharth Singhal, learned counsel for the Commission and perused record as well as written submission. With consent, above referred both writ petitions are heard and decided together by common judgment.
FACTUAL MATRIX
2. Petitioners have participated in recruitment process to the post of ‘Excise Constable’ according to selection procedure prescribed under Uttar Pradesh Direct Recruitment to Group ‘C’ Post (Mode and Procedure) Rules-2015 in pursuance of an Advertisement [09(2)/2016] issued by U.P. Subordinate Service Selection Board. Vacancies were notified with following reservations i.e. 203 Unreserved, 109 Other Backward Class, 85 Scheduled Caste and 8 Scheduled Tribes.
3. So far as horizontal reservation was concerned following reservation was provided i.e. 08 for Dependants of Freedom Fighter, 20 for Ex-Army Personnel and 81 for women.
4. In above referred selection process, a qualifying nature Screening Examination was held on 25.9.2016. Physical Efficiency Test were held from 16.2.2021 to 20.3.2021 and result thereof was declared on 17.8.2021.
5. Petitioners who belonged to OBC, remained successful in the physical efficiency test. In anticipation that they would not be selected in final merit list, approached this Court on 10.3.2022 by way of filing present writ petition and soon thereafter on 15.3.2022 final result was declared and as expected they could not find place in the merit list. Initially, writ petitioners have sought relief by way of prayer nos. (i), (ii), (iii) and (iv) however later on they were permitted to add prayer nos. (ii-a) and (ii-b) also. For reference all prayers are mentioned hereinafter:
(ii) Issue a writ, order or direction in the nature of mandamus, commanding the respondents to re-fix the new criteria for selection in physical efficiency test for both male and female candidates, which could be make eligible to both types of candidates to be selected in an admissible ratio or alternatively direct the respondents to fixed another criteria of selection which could balance the gap in both male and female candidates in the selection of Excise Constable.
(ii-a) Issue a writ, order or direction in the nature of certiorari quashing the impugned result vide dated 15 March, 2022 issued by respondent no. 3 (Annexure No. 5A to this Writ Petition).
(ii-b) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 3 to bring the records pertaining to the selection process for the post of Excise Constable in notification No. 09 (2)/2016 issued by respondent no. 3 and especially the list of those candidates who had availed the benefit of the reservation/relaxation at any stage of the selection procedure and illegally/arbitrarily given selections in Unreserved category whereby infringing the fundamental rights of the petitioners.”
(iii) Issue any other suitable writ, order or direction as this Hon’ble Court may deem fit and proper under the facts and circumstances of the case.
(iv) Award the cost of this writ petition to the petitioners.”
6. According to advertisement, maximum number for Physical Efficiency Test was 60 whereas interview was of 40 marks, however
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