The authority of the Commission to modulate the method of recruitment within the powers granted by the Act and Rules.

JUDGMENT :

SHARAD KUMAR SHARMA, J.

1. The petitioners in the present writ petition, who are five in numbers have raised their grievances being aggrieved as against the method of recruitment, which has been alleged to be resorted to by the respondent No. 2, to the writ petition, for the purposes of conducting a process of selection by way of promotion to the post of Sub Inspectors and Inspectors (Civil Police/Intelligence), in pursuance to the advertisement dated 3rd January, 2022, as issued by respondent No. 2 i.e. U.K. Subordinate Selection Commission.

2. The brief facts of the case are that the petitioners, principal grievance, is as against the mode of recruitment, which has been adopted by the respondents by conducting the written examination of 100 marks only, for the process of promotion by selection, which according to the petitioners, it runs in contradiction to the prescribed procedure of process of selection, as it has been prescribed under the Uttarakhand Police Sub Inspector and Inspectors (Civil Police/Intelligence) Service Rules 2018, as notified on 31st July 2018.

3. The contention of the petitioners, are that the petitioners, who are belonging to the different categories of the reserved category candidate, as well as general category candidate, who are the aspirants, who fulfilled all the eligibility criteria of qualification, as well as the other eligibility provided for the purposes of enabling them to take their examination, for promotion on the post of Inspectors and Sub Inspectors, as contemplated to be undertaken by the respondents in pursuance to the advertisement dated 3rd January 2022.

4. The petitioners before this Court contended that under the Uttarakhand Police Act 2007, the State while exercising its power under section 87 of the Uttarakhand Police Act 2007, had promulgated the Rules of 2018, by notifying the same in the Official Gazette of 31st July 2018, and as per the process of recruitment contemplated, therein, it had provided that 34% post of the total cadre strength, is to be filled by way of the direct recruitment, and the procedure of direct recruitment, according to the petitioners, was provided under Rule 14 of the Rules of 2018, and particularly, the method, which the petitioners had made a reference to, to be made applicable post of direct recruitment is according to them is provided under sub-rule (4) of Rule 14, of the Rules of 2018, which is extracted hereunder:

“(4) Written Exam All the candidates declared successful in physical fitness test under sub-rule (3) shall have to undergo a written test procedure for which is given in appendix-4.”

5. If sub-rule (4) of Rule 14 of the Rules of 2018, are taken into consideration, it provided the procedure/method for conducting the written examination, and the procedure, which has been provided, therein, to be followed, has been contained under Appendix-4 to the Rules of 2018, which is extracted hereunder:

Appendix-4

(See Rule 14 (4)]

Written Exam for Direct recruitment - The written test shall be of 300 marks and shall be of objective type. The details of the test are as under: