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IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
ALOK MATHUR, J.
Ravi Kumar Shukla and others - Appellants
Versus
State of U.P. and others - Respondents
Civil Misc. Writ Petition Nos. 4610 and 7284 of 2024
Decided on : 08-01-2025
(A) Uttar Pradesh Police Radio Adhinasth Sewa Niyamawali, 2015 - Eligibility criteria for recruitment - The petitioners, degree holders in engineering, challenged their disqualification from the recruitment process for Head Operator/Head Operator (Mechanic) based on a subsequent order altering eligibility criteria. The court found that the Police Recruitment Board exceeded its jurisdiction by modifying eligibility conditions mid-selection process, violating principles of fairness and transparency. (Paras 6, 9, 20, 32)
(B) Recruitment Process - The court emphasized that eligibility criteria cannot be altered once the recruitment process has commenced, as established in various precedents. (Paras 19, 30)
Facts of the case:
The petitioners applied for the Head Operator position based on an earlier order declaring engineering degrees as eligible. However, a later order deemed them ineligible, prompting the petitioners to seek judicial intervention.
Findings of Court:
The court ruled that the selection process was vitiated due to arbitrary changes in eligibility criteria and directed the respondents to publish a fresh advertisement with clear eligibility conditions.
Issues: The main issues included the legality of altering eligibility criteria during the recruitment process and the authority of the Police Recruitment Board to declare equivalence of qualifications.
Ratio Decidendi: The court held that the Police Recruitment Board acted beyond its authority by changing eligibility criteria mid-process, which undermined the integrity of the selection process.
Result: The selection process was set aside, and the respondents were directed to issue a new advertisement with clear eligibility criteria.
JUDGMENT :
Alok Mathur, J.
Heard Sri Ripu Daman Shahi alongwith Ms. Chhaya Tripathi and Sri Pradeep Kumar Mishra for the petitioners, learned Additional Chief Standing counsel on behalf of State-respondent Nos. 1 and 2 and Sri Shireesh Kumar and Sri Utkarsh Kumar for respondent Nos. 3 and 4.
2. Sri Shireesh Kumar has moved an application for impleadment stating that the applicants are necessary party considering the fact that they have also participated in the selection for the post of Head Operator/Head Operator (Mechanical) in U.P. Police Radio Cadre and are diploma holders and has sought to be impleaded as a respondent.
3. The application for impleadment is not opposed by the learned Counsel for petitioners and on consideration of the application for impleadment, we find that the applicants are necessary parties and accordingly, the application for impleadment is allowed.
4. Learned counsel for the petitioners is directed to implead them as respondents.
5. Since common questions of facts and law are involved in both the writ petitions, as such, they are being heard and decided by this common judgment and order. All the parties have been heard at length including Sri Shireesh Kumar, counsel for the respondents and accordingly, with the consent of the parties, the Court is proceeding to dispose of the petition at the admission stage itself.
6. It has been submitted by counsel for the petitioners that an advertisement was issued on 6.1.2022 by the Additional Secretary (Recruitment) Uttar Pradesh Police Recruitment and Promotion Board Lucknow inviting online applications for the post of Head Operator/Head Operator (Mechanic) in the Police Radio Department. It has been submitted that in Clause 3.2 of the said advertisement, the qualifications were prescribed as per the provisions contained in the Uttar Pradesh Police Radio Adhinasth Sewa Niyamawali, 2015 where in Clause 8(c) the qualifications required for the post of Head Operator/Head Operator (Mechanic) are that the candidate should have passed three years diploma course in Electronics/Telecommunication/Electrical/Computer Science/Information Technology/Instrumentation Technology/Mechanical Engineering by a board established by law in India or a qualification recognized by the Government as equivalent thereto.
7. The petitioners, who are degree holders in various branches of engineering considering themselves to be eligible had applied for participation in the said recruitment and they were also issued admit cards for appearing in the online examinations and the written examination was conducted on 31.1.2024. It has been submitted by counsel for the petitioners that prior to publication of the said advertisement, the Police Recruitment Board had taken a decision on 25.8.2021 where it was resolved that the candidates having four years as Bachelor of Engineering (BE)/Bachelor of Technology (B.Tech) in stream like Electrical, Mechanical, Electronics, information Technology, Computer Science and Telecommunication were also to be treated as eligible on account of them having higher qualifications. Accordingly, the reading of the advertisement dated 6.1.2022 alongwith the resolution of the Police Recruitment Board, the petitioners were in a bona fide belief that they were fully eligible to participate in the said selection. After the written examination the answer key of the said result was also published by the respondents on 6.2.2024.
8. Before any further steps could be taken by the Police Recruitment Board, by means of order dated 23.4.2024, a decision of the Board was communicated to the effect that the previous order of the Board dated 25.8.2021 has been substantially modified and now it is provided that four years degree in Engineering of different streams have been held to be ineligible for recruitment to the post of Head Operator/Head Operator (Mechanic).
9. The petitioners, who are degree holders in various streams of Engineering, who had applied and participated in the said recrui
Eligibility criteria for recruitment cannot be altered mid-process, as it undermines fairness and transparency, violating established legal principles.
The authority to determine eligibility qualifications for public posts lies solely with the State Government, and recruitment processes must adhere strictly to established service rules.
Candidates cannot challenge recruitment criteria after participating in the selection process, as estoppel applies. Eligibility is determined by the employer based on stated qualifications within the....
Eligibility criteria for recruitment must be consistent and cannot be altered after the process has commenced, as affirmed by the Supreme Court.
The eligibility of any candidate is to be reckoned from the date of the selection and appointments made in contravention of the statutory provisions are void ab initio.
Important Point – Appointment – Introducing new requirements into selection process after entire selection process was completed amounted to changing rules of game after game was played which is not ....
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