- (1.) Heard Sri Amit Bose, learned Senior Advocate, assisted by Sri Shujauddin Waris, learned counsel for the petitioner and Sri Ran Vijay Singh, learned Addl. C.S.C. for the State-respondents.
(2.) The prayers of the writ petition are as under : "(i) issue or pass a writ, direction and/or order in the nature of certiorari quashing the policy laid down in para 5 of the Notification dated 4.3.2016 issued by the Addl. Secretary (Promotion), U.P. Police Recruitment and Promotion Board, Lucknow, Notification dated 22.12.2016 issued by the Additional Secretary (Promotion), U.P. Police Recruitment and Promotion Board, Lucknow and the Notice dated 24.10.2018 issued by the Additional Secretary (Promotion), U.P. Police Recruitment and Promotion Board, Lucknow as contained in Annexur enos. 3,4 and 6 respectively to the aforesaid writ petition in so far it seeks to deny compassionate appointment to the candidates who are placed at positions more than the number of vacancies available for compassionate appointment on the pots of Sub-Inspector of Civil Police and Platoon Commanders in the U.P. Police Forece, or, in the alternative, (ii) issue or pass a writ, direction and / or order in the nature of certiorari quashing the notice dated 8.7.2019 issued by the Addl. Secretary (Recruitment), U.P. Police Recruitment and Promotion Board, Lucknow as contained in Annexure no. 10 hereto, and (iii) issue or pass a writ, direction and/or order in the nature of mandamus restraining the respondents hereto from conducting the written examination which is scheduled to be held on 14.7.2019 in pursuance of the notice4 dated 8.7.2019 issued by the Addl. Secretary (Recruitment), U.P. Police Recruitment and Promotion Board, Lucknow as contained in Annexure no. 10 hereto, and,"
(3.) On the basis of aforesaid prayer Sri Bose has submitted that the relevant rules clearly mandates that the number of vacancies available for compassionate appointment on the post of Platoon Commander in the U.P. P.A.C. Force shall be determined 5% of the total vacancies for every year. Without determining such vacancies they have filled up the vacancies which is not permissible under the relevant rules. Therefore, the innocuous request is that the Principal Secretary, should take a final decision upon the recommendation already made to it with regard to appointment of the petitioners strictly in accordance with law.;