Sunil Ambwani, J. - (1.) HEARD Sri Ashok Khare, Senior Advocate assisted by Sri K.C. Shukla, Sri S.P. Pandey, Sri Arvind Srivastava for petitioners and Sri Sudhir Agarwal, learned Additional Advocate General, and Sri S.N. Srivastava, Standing Counsel for respondents. This batch of writ petitions, have been filed by the petitioners who were unsuccessful in the written examination for the recruitment of Sub -Inspectors Civil Police/Platoon Commanders P.A.C. 2001, initiated in pursuance of advertisement dated 1.9.2001, issued by Deputy Inspector General of Police 'Establishment' and Secretary, Police/P.A.C., Recruitment Board, U.P. Police Headquarters at Allahabad. The petitioners have prayed for quashing the result of mains written examination held on 25.5.2003, and published by U.P. Police Headquarters, Allahabad on 28.7.2003 (Annexure -7 to the writ petition), as also the remaining other zones of the State and for a writ of mandamus commanding the respondents to hold fresh mains written examination, in consonance with the advertisement dated 1.9.2001 and the circular dated 31.8.2001; and to publish fresh list of candidates who have qualified the same after taking into account proper percentage of vacancies in the general category and to hold selections only thereafter. In same writ petitions the petitioners belonging to the category of Ex -Servicemen have claimed quota for Ex -Servicemen in the selections.
(2.) THE last selections for direct recruitment of Sub -Inspector Civil Police, Platoon Commander P.A.C. were initiated in the year 1999, for 1379 posts of Sub -Inspector Civil Police (Male and Female), and 255 posts of Platoon Commanders P.A.C. (Male). In these selections 1006 candidates were finally selected in the result declared vide select list dated 6.7.2001. These selections were challenged in a batch of writ petitions. All the contentions raised against the selection were rejected, except for 2% reservation for Sportsmen. This Court directed in its judgment in Narendra Pratap Singh v. The Director General of Police, U.P. : 2002 (3) ESC (All) 339, the respondents to recalculate the number of posts in general category by applying 2% reservation for Sportsmen horizontally and adding 2% posts for Sportsmen also while calculating the total number of vacancies of general category. In para 22 of the judgment, after examining the provisions of sub -sections (2), (3) and (4) of section 3 of U.P. Act No. 4 of 1994, the Court held, if in the 1999 recruitment any vacancy reserved for any category of person mentioned in sub -section (1) remains unfilled, sub -section (3) provides that recruitment can be made, and if even after special recruitment the vacancies are not filled up, the said vacancy may be carried forward to the next year. The Police Headquarters by a press release dated 31.8.2001 provided for advertisement of 799 posts of Sub -Inspector Civil Police (Male), 89 post of Sub -Inspectors Civil Police (Female), and 99 posts of platoon Commanders P.A.C. (Male). The advertisement dated 1.9.2001 published in pursuance of the press release dated 31.8.2001 specifically mentioned that these vacancies include the carried forward vacancies of scheduled caste and scheduled tribe which can be changed according to necessity.
(3.) IN the counter affidavit of Sri Ajay Mohan Sharma, Additional Superintendent of Police (E) U.P. Police Headquarters, Allahabad, the details of the vacancies advertised, and the break up of the carried forward vacancies and their categories have been given. Relevant part of para 30 of the counter affidavit is quoted as below: It is further relevant to point out there that in the examination of Sub -Inspector (Civil Police)/Platoon Commander, P.A.C. 1999, 1379 posts of Sub -Inspector Civil Police and 255 posts of Platoon Commanders were advertised. Out of the aforesaid posts 2% posts were reserved for sportsmen which came to 29 posts in respect of Sub -Inspector Civil Police and 5 posts of Platoon Commanders P.A.C. In these circumstances, 1350 posts of Sub -Inspector Civil Police and 250 of Platoon Commander, P.A.C. were available for examination in the year 1999. The provision of reservation followed at that time is being given below: Out of the aforesaid posts the details of unfilled vacancies which could not be filled on account of non -availability of suitable candidates is being given below: ;