Civil Appeal Nos. 6549, 6550, 6551, 6552, 6553, 6554, 6555, 6556-6561 of 2014, 4327, 4328, 4329, 4330, 4331 and 4332 of 2015 (Arising out of SLP (C) Nos. 29275, 29267, 34936, 35196, 34882 of 2014 and SLP (C) No. 2623 of 2015) and Writ Petition (Civil) No. 1057 of 2014. Case: HC Pradeep Kumar Rai and Ors. Vs Dinesh Kumar Pandey and Ors.. Supreme Court (India)
| Case Number | Civil Appeal Nos. 6549, 6550, 6551, 6552, 6553, 6554, 6555, 6556-6561 of 2014, 4327, 4328, 4329, 4330, 4331 and 4332 of 2015 (Arising out of SLP (C) Nos. 29275, 29267, 34936, 35196, 34882 of 2014 and SLP (C) No. 2623 of 2015) and Writ Petition (Civil) No. 1057 of 2014 |
| Counsel | For Appearing Parties: Nagendra Rai, Sr. Adv., Gaurav Bhatia, AAG, Kavin Gulati, Pragya Baghel, Rohit Sthalekar, Avi Tandon, Jayant Mehta, Prashant Shukla, Prashant Chaudhary, Shakil Ahmed Syed, Parvez Dabas, Uzmi Jameel Husain, Mir Imtiyaz, Smarhar Singh, Shantanu Sagar, Aakash Kumar, Prerna Singh, T. Mahipal, Pankaj Kumar Shukla, Pawan Kumar ... |
| Judges | Ranjan Gogoi and Pinaki Chandra Ghose, JJ. |
| Issue | Uttar Pradesh Police Regulations, 1976 - Regulation 445, 445(B)(4) |
| Citation | 2015 (6) SCALE 238 |
| Judgement Date | May 11, 2015 |
| Court | Supreme Court (India) |
Judgment:
Pinaki Chandra Ghose, J.
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Leave granted in the special leave petitions. I.A. No. 52 of 2015 is allowed.
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This batch of appeals raises a common controversy relating to the promotion of Constables and Head Constables to the rank of Sub-Inspectors in the State of Uttar Pradesh. The process of promotion started way back in 1999 and has since embroiled in litigation. Basically, the candidates appearing for promotion from the rank of Constable or Head Constable to the rank of Sub-Inspector have challenged the selection and promotion process at various stages of the promotion process.
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The facts necessary for disposal of this case are that the Government of Uttar Pradesh took a decision on 23.01.1999 for recruitment of departmental candidates to the posts of Sub-inspectors in the State, both by direct recruitment and by promotion of Constables and head Constables. In continuation of the order dated 23.01.1999, another Government Order was issued on 3.02.1999, according to which all the vacancies of Sub-inspectors till 31.12.1999 were to be filled up. On 27.02.1999, the Government of Uttar Pradesh issued another Order which superseded the earlier Order dated 23.01.1999. The 27.02.1999 order provided a complete pattern of the examination and process of selection and promotion. As per the new pattern the promotion process was to be conducted in three steps: (1) The preliminary written examination and infantry test/physical test; (2) Main written Examination; and (3) Interview. Candidates who qualified the preliminary examination and IT/PT were eligible to appear in the main written examination.
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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 v. 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.
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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 Ors. v. 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...
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