Lance Nayak Pno No. 980510777 Raj ... vs The State Of Uttar Pradesh

3. The appellants belong to Scheduled Caste category and are posted as Constables/Head Constables in the Police Department of Uttar Pradesh. They appeared in the limited departmental examination held for filling up Civil Appeal No.4837 of 2019 @ SLP(C) No.15699 of 2018 Lance Nayak Raj Bahadur & Ors. v. State of UP & Ors. 3 the posts of Sub-Inspector (Civil Police), pursuant to an advertisement issued by UP Police Recruitment and Promotion Board on 12.06.2010 for filling up 5389 posts. The conduct of examination was to be governed by Uttar Pradesh Sub-Inspector and Inspector (Civil Police) Service Rules, 2008. Said Rule 16 is to the following effect:

(ii) of clause (a). the maximum marks for the length of service shall be 20(01 marks for each year), for the educational qualification of Graduation and above degree 10 marks. Training Course 30 marks out of which 10 marks, Training Course 30 marks out of which 10 marks each for every substantive training subject to a maximum of 20 and 02 marks each for every non-substantive training subject to a maximum of 10 marks and 30 marks for annual entry. For every medal of National leave 03 marks, every medal of state level 02 marks subject to maximum of 10 marks and no marks will be given for cash reward. Thus, there shall be maximum 100 marks as above. The Training Director of Police organization is authorised to 4 notify any training as substantive and non-substantive subject to the condition that no training which is less than one month’s during shall be notified as substantive training. For every major punishment 30 marks, for every minor punishment 02 marks and for every adverse entry, petty punishment 01 marks shall be deducted. The Service Records shall also be examined keeping in view whether the candidate has been awarded some kind of punishment which renders him unsustainable for promotion. Any candidate whose integrity was withheld ever within the last five years shall not be eligible for promotion.

(d) Subject to the provision of clauses (a) and (c)- The marks obtained by each candidate shall sub-clause (ii) of clause (a) shall be added to marks obtained by him under sub-rule (v). the Selection Committee shall prepare a list of candidates on the basis of aggregate of marks so arrived.

(e) Group discussion – The candidates selected under the rule 17(a) shall be required to appear in a Group Discussion for which separate groups of then candidates each shall be formed. The process of Group discussion shall be carried out under the supervision of a panel comprising Managing Civil Appeal No.4837 of 2019 @ SLP(C) No.15699 of 2018 Lance Nayak Raj Bahadur & Ors. v. State of UP & Ors. 5 Expert, Psychologist and Criminologist in the presence of Chairman of the Board of his nominee, one Additional Director General Police nominated by Director General of Police, (Uttar Pradesh) or Inspector General of Police/Deputy Inspector General of Police nominated by him. In the said Group Discussion, Police case study shall be presented for discussion and the entire Group discussion shall be completed within the stipulated timeframe. The group discussion shall carry 20 marks and it will include the evaluation of candidates Management Skill (5 marks), Presentation (5 marks), Attitude (5 marks) and Personality (5- marks). The marks shall also be uploaded in the Board website.

(e) The aforesaid exercise shall complete within a period of three months hence and the successful candidates shall be duly intimated and subsequent action shall be taken by the State.

By virtue of our order, any matter pending in the Writ Court or before the Division Bench shall be deemed to have been disposed of.”

11. The stand of the State Government is:

13. We have given anxious consideration to the submissions as advanced. We are concerned in these matters with limited Departmental examination where the idea is, regardless of seniority levels, a meritorious candidate be given chance to reach higher levels. Merit is therefore the key element and there can be no compromise and dilution of the criteria. What is required in terms of the Rules is minimum of 50 per cent marks “in each subject”. The subjects are delineated in the Rules and there are four subjects. Irrespective whether subjects 3 and 4 form part of the same paper, the express language of the Rules does not permit any such interpretation and the construction suggested by Mr. Shishodia cannot be accepted.

15. We, therefore, reject the submission and dismiss the appeal. No costs.

Leave granted.

The issues involved in the matters being identical to the earlier matter where similar contentions were raised, we see no reason to interfere. These appeals are, therefore, dismissed. No costs. CIVIL APPEAL NO.4844 OF 2019 (Arising out of SLP(C) No.12247 of 2019) [ D.No.31847 of 2018] And CIVIL APPEAL NO.4846 OF 2019 (Arising out of SLP(C) No.12250 of 2019) [ D.No.46457 of 2018] And CIVIL APPEAL Nos.4843 OF 2019 (Arising out of SLP(C) No.7168 of 2018) Delay condoned.

Said Transferred Case is now taken up for consideration. The principal prayer in the writ petition is to the effect that the respondent be directed to give reservation and relaxation to the writ petitioners as SC/ST candidates. The submission in that behalf has already been considered in the matters dealt with above. We see no reason to interfere in the matter. Transferred Case No.287 of 2017, therefore, stands dismissed. Civil Appeal No.4837 of 2019 @ SLP(C) No.15699 of 2018 Lance Nayak Raj Bahadur & Ors. v. State of UP & Ors. 13 M.A. No.643 of 2019 in TC (C) No.297 of 2017 Selection undertaken pursuant to an advertisement dated 19.05.2011 for recruiting 4010 posts of Sub-Inspectors (Civil Police) and 312 posts of Platoon Commanders (Provincial Armed Constabulary – PAC) in the State of UP by direct recruitment was the subject matter of decision by this Court in Alok Kumar Singh and others v. State of U.P. and others Civil Appeal No.11370 of 2018 and other connected matters.

Writ Petition No.18788 of 2017 preferred by the present applicants in the High Court, was transferred to this Court and was numbered as TC(Civil) No.297 of 2017. It was disposed of along with aforesaid Civil Appeal No.11370 of 2018 etc. It is now submitted that the grievance raised by the applicants in the Writ Petition was in respect of selection through limited departmental examination for promotion to the post of UP Sub-Inspector (Civil Police) Rankers Examination and was not by way of direct recruitment and that the matter was wrongly clubbed with Civil Appeal No.11370 of 2018. We, therefore, recall the aforesaid Judgment and order dated 27.11.2018 to the extent it disposed of Transfer Case (Civil) No.297 of 2017. Civil Appeal No.4837 of 2019 @ SLP(C) No.15699 of 2018 Lance Nayak Raj Bahadur & Ors. v. State of UP & Ors. 14 Said Transferred Case is now taken up for consideration. The principal prayer in the writ petition is to the effect that the respondent be directed to give reservation and relaxation to the writ petitioners as SC/ST candidates. The submission in that behalf has already been considered in the matters dealt with above. We see no reason to interfere in the matter. Transferred Case No.297 of 2017, therefore, stands dismissed.