The main legal point established is that appointments made in accordance with the rules and provisions of the M.P. Police Executive (Non Gazetted) Service Recruitment Rules, 1997 should be upheld.

Rohit Arya, J.

1. This petition under Article 226 of the Constitution of India relates to appointment to services under M.P. Police Executive (Non Gazetted) Service Recruitment Rules, 1997 (hereinafter referred to as the Rules of 1997). Rule 7 of the Rules of 1997 provides that all appointments to the service after coming into force of these rules shall be made by the appointing authority and only after selection by one of the methods of recruitment specified in rule 6. Direct recruitment by selection through competitive examination is one of the method provided for under rule 6. Rule 8 of the Rules of 1997 prescribes for conditions of eligibility of candidate for direct recruitment. Rule 12 of the Rules of 1997 provides for list of candidates recommended by the Committee i.e. [Rajesh Singh Sikarwar Vs. State of M.P. and others] a list arranged in the order of merit of the candidates, who have qualified by such standards as fixed by the Committee, and of the candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes who though not qualified by such standard, are declared by the Committee to be suitable for appointment to the service with due regard to the maintenance of efficiency of administration.

Rule 13 of the Rules of 1997 provides for appointment to the service from the select list and reads as under:-

"13. Appointment of the Service from the select list-

Final merit list for direct recruitment shall be prepared on the basis of marks obtained in written examination, physical proficiency test and interview. Appointment shall be made in order of seniority on the basis of preference given by candidate and availability of posts provided that only those candidates will be considered for the post of Platoon Commander/Subedar who obtain a minimum of 60% marks in the physical proficiency test."

By way of amendment in the Rules of 1997, Rule 13A has been incorporated vide notification No.F 2(a)287-2010-B-4-II dated 4/3/2011 and reads as under:-

"13A. Waiting List.- A waiting list comprising names of candidates numbering 10% of the advertised vacant [Rajesh Singh Sikarwar Vs. State of M.P. and others] posts shall be prepared in the order of merit. This waiting list shall remain valid for 3 months from the date of commencement of basic training. If any selected candidate from final select list does not join in stipulated time, then candidates in waiting list will be offered appointment in the order of merit."

2. Appointment to the posts of Sub Inspector (Radio), Sub Inspector (Finger Prints) and Sub Inspector (Questioned Documents) are categorized into non-technical group and the posts of Subedar, Sub Inspector (Executive), Sub Inspector (Special Branch) and Platoon Commander are also categorized into non-technical group. These posts are to be filled up by way of direct recruitment by selection through competitive examination. The selection process involves written examination and physical proficiency test. Written examination has two papers each of 100 marks: (i) Hindi and English and (ii) General Knowledge and General Mental Ability. After conclusion of written examination, results are declared as per the rules. On the basis of written examination's results, physical proficiency test and interview are conducted. Thereafter, final select list is prepared in the order of merit as contemplated under Rule 12 of the Rules of 1997 by the M.P. Professional Examination Board and sent to the department for appointment under Rule 13 of the Rules of 1997.

3. For the selection year 2011 total 49 posts were reserved for [Rajesh Singh Sikarwar Vs. State of M.P. and others] ex-servicemen candidates. Out of which, 45 posts were in non- technical group and 4 posts were reserved in technical group. Result of ex-servicemen candidates was not declared instantly due to various Court orders being passed by different Benches of the High Court and ultimately result was declared on 6/2/2012. One post in the non-technical