Case: ALOK KUMAR SINGH  Vs. STATE OF U.P

in the case of Hanuman Dutt Shukla pursuant to order of this Hon?ble Court dated 23.08.2017 in the case of Deepak Kumar 809 24 14. Excess number of candidates who were to be considered and deemed to have been selected pursuant to the orders of the Courts (SI 755 + PC 78) 833 15. Position as obtained from the above situation (3784+833) 4,617 16. Candidates who discontinued training/did not qualify in medical examination/character verification 607 17. Total number of people in service (4617-607) 4,010 24. The matters were thereafter taken-up for final hearing and we heard all the learned counsel. It was submitted by the learned counsel that since number of posts were still lying vacant, appropriate directions be issued to make appointments and the benefit of such direction be confined to those who were before the Court either as Petitioners or Intervenors. On the other hand, it was submitted on behalf of the State Government that, as stated in its various affidavits, all candidates who had secured more than 50% marks were considered at the appropriate stages in the selection process and that no more candidates who had obtained 50% or more marks were now available. It was further submitted that though there were vacancies to the tune of 8260 in the cadre of Sub-Inspector (Civil Police) and 289 in the cadre of Platoon Commander (PAC) but two subsequent selection processes were already undertaken. 25. At the outset, we must deal with the challenges raised to the judgments dated 29.01.2016 and 06.04.2017 passed by the High Court in Writ Petition No.49802 of 2015 and in Special Appeal No.416 of 2016 respectively. In our view, the High Court was right in negating the submission as regards construction of the expression ?such vacancies shall be carried forward for further selection? appearing in Rule 15(j). However, considering the facts that the present selection has seen various interventions including revision in final list on more than one occasion and considering the large number of vacancies of 607 posts where certain candidates either discontinued training or did not qualify in medical examination/character verification, we deem it appropriate, as a one time exception to direct that such 607 posts be made available in the present selection itself. One more reason for such direction is that large number of posts namely more than 8000 posts are currently available for succeeding selections. Similarly, the decision of the High Court in Special Appeal No.416 of 2016, in our view, was correct. Going by the Rules, only 12030 candidates could have been allowed to participate in Group Discussion against the number of 14256. But at this length of time, it would be inappropriate to re-do the exercise and eliminate the excess number from consideration, more particularly when the number of 14256 represents all those who secured 50% or more marks in the written examination and there are still 607 vacancies to be filled up. 26. In the order dated 31.10.2017, this Court had emphasized the adherence to eligibility of 50% while the order dated 30.11.2017 had directed completion of Selection process in the order of merit. Thereafter, the order dated 16.01.2018 categorically stated that three factors namely, merit, reservation and preference should be taken into consideration. We, therefore, cannot accept the submission that the benefit, if any, of the order or directions should be confined to those who are/were before this Court or the High Court alone, in the capacity of either the petitioners or the intervenors ignoring merit. 27. We now proceed to deal with the matters concerning vacancies and the directions that are required to be passed, in the facts and circumstances of the present matters. 28. According to the chart referred to above, though the number of candidates called for group discussion ought to have been thrice the notified vacancies i.e. 12030, the Board had called 14256 candidates. The first list viz. the result notified on 25.06.2015 had named 3784 candidates leaving out 226 unfilled posts as a result of non-availability of candidates in the category of dependents of freedom fighters as stated above. In terms of the decisions of this Court in Hanuman Dutt Shukla (supra) 809 candidates were given benefit, followed by 24 similarly situated candidates. To this number of 833 we will have to add 189 similarly situated candidates as dealt with in the order passed by this Court on 14.08.2018. The decision of this Court in Hanuman Dutt Shukla (supra) was very clear that the revised final list dated 25.06.2015 ought not to be disturbed but benefit must be given to those candidates who were excluded for use of whitener/blade etc. while answering the main examination. This aspect was repeatedly made clear that those vacancies would be in addition and therefore we have no hesitation in stating that the number of 1022 (809 in terms of Hanuman Dutt Shukla (supra), 24 in terms of case of Deepak Kumar and 189 in terms of the order dated 14.08.2018) have to be reckoned in addition to the figure of 4010. Therefore, total number of candidates who could be selected in the selection relatable to the year 2011 in any case ought not to be less than 4010+1022. Status and identity of the candidates who form the group of 1022 candidates is very clear. In this context it is to be noted that the vacancies notified are only approximate and there is nothing wrong if the number increases in the exigencies of service. 29. We now come to the issue as to what should be the approach in respect of vacant posts on two counts. The tabular chart then states that 226 posts remained unfilled as a result of non-availability of candidates in the category of dependents of freedom fighters etc. and 607 posts are lying vacant as a result of candidates who discontinued training or did not qualify in medical examination/character verification. Theoretically, 226 unfilled posts ought to be carried forward for further selection as those posts were earmarked for dependents of freedom fighters.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]In our view, the High Court was right in negating the submission as regards construction of the expression ?such vacancies shall be carried forward for further selection? appearing in Rule 15(j). However, considering the facts that the present selection has seen various interventions including revision in final list on more than one occasion and considering the large number of vacancies of 607 posts where certain candidates either discontinued training or did not qualify in medical examination/character verification, we deem it appropriate, as a one time exception to direct that such 607 posts be made available in the present selection itself. One more reason for such direction is that large number of posts namely more than 8000 posts are currently available for succeeding selections. Similarly, the decision of the High Court in Special Appeal No.416 of 2016, in our view, was correct. Going by the Rules, only 12030 candidates could have been allowed to participate in Group Discussion against the number of14256. But at this length of time, it would be inappropriate tothe exercise and eliminate the excess number from consideration, more particularly when the number of 14256 represents all those who secured 50% or more marks in the written examination and there are still 607 vacancies to be filled up.In the order dated 31.10.2017, this Court had emphasized the adherence to eligibility of 50% while the order dated 30.11.2017 had directed completion of Selection process in the order of merit. Thereafter, the order dated 16.01.2018 categorically stated that three factors namely, merit, reservation and preference should be taken into consideration. We, therefore, cannot accept the submission that the benefit, if any, of the order or directions should be confined to those who are/were before this Court or the High Court alone, in the capacity of either the petitioners or the intervenors ignoring merit.We now proceed to deal with the matters concerning vacancies and the directions that are required to be passed, in the facts and circumstances of the present matters.According to the chart referred to above, though the number of candidates called for group discussion ought to have been thrice the notified vacancies i.e. 12030, the Board had called 14256 candidates. The first list viz. the result notified on 25.06.2015 had named 3784 candidates leaving out 226 unfilled posts as a result of14.08.2018. The decision of this Court in Hanuman Dutt Shukla (supra) was very clear that the revised final list dated 25.06.2015 ought not to be disturbed but benefit must be given to those candidates who were excluded for use of whitener/blade etc. while answering the main examination. This aspect was repeatedly made clear that those vacancies would be in addition and therefore we have no hesitation in stating that the number of 1022 (809 in terms of Hanuman Dutt Shukla (supra), 24 in terms of case of Deepak Kumar and 189 in terms of the order dated 14.08.2018) have to be reckoned in addition to the figure of 4010. Therefore, total number of candidates who could be selected in the selection relatable to the year 2011 in any case ought not to be less than 4010+1022. Status and identity of the candidates who form the group of 1022 candidates is very clear. In this context it is to be noted that the vacancies notified are only approximate and there is nothing wrong if the number increases in the exigencies of service.e now come to the issue as to what should be the approach in respect of vacant posts on two counts.The tabular chart then states that 226 posts remained unfilled as a result ofof candidates in the category of dependents of freedom fighters etc. and 607 posts are lying vacant as a result of candidates who discontinued training or did not qualify in medical examination/character verification. Theoretically, 226 unfilled posts ought to be carried forward for further selection as those posts were earmarked for dependents of freedom fighters.