Hc Pradeep Kumar Rai & Ors vs Dinesh Kumar Pandey & Ors

As per the existing rules in 1999, 50% of total vacancies were to be filled up by promotion of persons serving as Constables and Head Constables and the remaining 50% vacancies were to be filled up by direct recruitment. It appears that at the time the selection process began, there were 2956 vacancies of the rank of Sub-inspectors in the State. So initially the number of vacancies for promotees quota were 1478. However, It appears that vide order dated 10.01.2000, another 86 posts were added to the promotees quota to be filled up by the departmental examination in pursuance of the direction made by State Backward Classes Commission, to maintain the ratio of promotees and direct recruits at the rate of 50%. Thus, the number of vacancies for promotees quota became 1564. It is to be noted that pursuant to the Division Bench judgment of the High Court of Allahabad in Special Appeal No.1372 of 1999: State of Uttar Pradesh Vs. Ranbir Singh, the Government of Uttar Pradesh created another class of promotees which consisted of 385 Head Constables who were to be promoted directly by virtue of the length of their service without undergoing the selection process. The creation of this class is not contended before us and that controversy is settled by prior litigation. Thus, eventually it appears that total vacancies for people who were to be promoted after the selection process was 1176.

The preliminary test was held on 05.09.1999 and the result was announced on 05.11.1999 and those who qualified the preliminary test were permitted to appear in IT/PT which was held in December 1999. The result of IT/PT test was declared on 11.02.2000, which was challenged before the High Court of Allahabad in Writ Petition No.9694/2000: Triloki Nath Pandey and others Vs. State of Uttar Pradesh, and the entire process was stayed till the conclusion of litigation. Thus, at the end of that round of litigation the State of Uttar Pradesh was directed to go ahead with the selection procedure. Government Notification for the main written examination was issued on 9.12.2004 and the main written examination was conducted on 25.12.2005. Result of the main written test was declared on 24.01.2006 and pursuant thereto, 9671 candidates were called for interview. The interviews were held at four centres between 15.05.2006 to 20.07.2006. The results of the interviews were made available on 11.11.2006.

Moreover, we would concur with the Division Bench on one more point that the appellants had participated in the process of interview and not challenged it till the results were declared. There was a gap of almost four months between the interview and declaration of result. However, the appellants did not challenge it at that time. Thus, it appears that only when the appellants found themselves to be unsuccessful, they challenged the interview. This cannot be allowed. The candidates cannot approbate and reprobate at the same time. Either the candidates should not have participated in the interview and challenged the procedure or they should have challenged immediately after the interviews were conducted. (See Vijendra Kumar Verma Vs. Public Service Commission, Uttarakhand and Ors., (2011) 1 SCC 150, and K.H. Siraz Vs. High Court of Kerala and Ors. (2006) 6 SCC 395) Further, in our view, the Division Bench has correctly dealt with the issue of sealed cover procedure. The process of sealed cover procedure was devised to prevent any prejudice being caused to the persons against whom the disciplinary or criminal proceedings are pending. In the present case, it is nobody's case that such persons are prejudiced. Therefore, this contention does not hold any merit in the present case.

Further, it is a settled law that in cases like the present one, where an Executive action of the State is challenged, Court must tread with caution and not overstep its limits. The interference by Court is warranted only when there are oblique motives or there is miscarriage of justice. In the present case, there is no oblique motive or any miscarriage of justice warranting interference by this Court. Hence, the appeals and the writ petition are dismissed.

….....…..…………………..J (Ranjan Gogoi) ….....…..……………………J (Pinaki Chandra Ghose) New Delhi;

May 11, 2015.