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2023 Supreme(All) 597

SUNEET KUMAR, RAJENDRA KUMAR IV
Kapil Kumar Dixit – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Prabhakar Awasthi, Durvesh Kumar, Shikher Trivedi, Vijai Shanker Tripathi, Vinod Shankar Tripathi.

JUDGMENT :

Suneet Kumar, J.

1. Heard Shri Prabhakar Awasthi, learned counsel assisted by Shri Durvesh Kumar, Shri Vinod Shanker Tripathi, Shri Vijai Shanker Tripathi and Shri Shikher Trivedi, learned counsels for the petitioners and Shri Manish Goyal, learned Additional Advocate General assisted by Shri Vikram Bahadur Singh, learned counsels for the State-respondents.

2. Petitioners (33 in number) seek to declare Rule 15(f) of U.P. Police Sub-Inspector and Inspector (Civil Police), Rules, 2015 (for short ''Rules, 2015'), as amended in the year 2020, ultra vires, of Articles 14 and 16 of the Constitution of India.

3. A further direction has been sought to the State-respondents to invite the petitioners for medical test against the vacancy which could not be filled up as some of the candidates were declared medically unfit, and/or, were absent.

4. The facts, inter se, parties are not in dispute.

5. The second respondent-Uttar Pradesh (Police Recruitment and Promotion Board) U.P., Lucknow, (for short ''Board'), issued an advertisement dated 24 February 2021, inviting online applications for recruitment of 9,027 posts of Sub-Inspector (Police), 484 posts of Platoon Commander and 23 post of P

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