Uday Umesh Lalit - (1.) Civil APPEAL NO.4837 OF 2019 (Arising out of SLP(C) No.15699 of 2018) Leave granted.
(2.) This appeal challenges the correctness of the final judgment and order dated 20.04.2018 passed by the High Court of Judicature at Allahabad in Writ appeal No.10308 of 2018. This appeal was taken as the lead matter.
(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 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: "16. Procedure for recruitment by promotion to the post of Sub-Inspector For the purpose of recruitment by promotion on the basis of departmental examination to the post of Sub-Inspector, the Board shall conduct a written examination in the following manner: (a) Written Examination - (I) The eligible candidates 3 shall be required to appear in the written examination which shall car4ry 300 marks. The details of the subjects included in the written examination and the marks shall allotted for each subjects are as follows: JUDGEMENT_74_LAWS(SC)5_2019_1.html Note- The question papers shall be set up keeping in mind the job profile of the post of Sub-Inspector and commensurate with the job responsibility. Note 2- The candidates who fail to obtain minimum fifty percent marks in each subject shall not be eligible for promotion. (ii) The Selection Committee shall, have regard to the provision of reservation referred to in Rule 6, prepare a list of successful candidates on the basis of marks obtained by them in the written examination under sub-clause (I) of Clause (a). (b) Physical Efficiency Test The candidates selected under clause (a) shall be required to appear in a Physical Efficiency Test of qualifying nature. The male candidates shall be required to complete a run of 10 kilometers in 75 minutes and female candidates a run of 5 kilometers in 45 minutes. (c) Service Records marks on the basis of Service Records shall be awarded to each candidate selected under sub-clause (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 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. Note-1 The entire process of Group Discussion shall be video graphed and a Compact Form thereof shall be prepared. Note 2-Nomination of officers for giving representation to the Scheduled Castes, Scheduled Tribes and Other Backward Classes of Citizens in the Selection Committee shall be made in accordance with Section 7 of the Act, as amended from time to time. (f) Election and merit list The Board shall, having regard to the provisions of reservation referred in Rule 6, prepare a final select list of candidates in order or merit as disclosed by aggregate of marks obtained by them under sub-clause (d) and sub-clause (e) if two or more 5 candidates obtain equal marks, the candidate obtaining higher marks under rule-rule(c) shall be placed higher in the list. The selection committee shall forward the list of the Board which shall forward it to the Head of the Department.";