- (1.) This writ petition has been filed by the petitioners seeking a direction to the respondents to conduct Physical Efficiency Test of the petitioners as per the Amended Rules of 2013 wherein a run of 4.8 kms within 35 minutes has been prescribed and not to compel the petitioners to undergo Physical Efficiency Test of running 10 kms within 60 minutes.
(2.) Heard Sri Siddharth Khare, learned counsel for the petitioners and Sri Mata Prasad, learned Additional Chief Standing Counsel for the respondents and perused the documents on record.
(3.) The petitioners are claiming appointment under the U. P. Recruitment of Dependants of Government Servant (Dying in Harness) Rules, 1974 (hereinafter referred to as the Dying in Harness Rules, 1974) for appointment in the U.P. Civil Police. It is stated that the father of each of the petitioners expired during service. The petitioners possess all the requisite qualifications for appointment under the Dying in Harness Rules, 1974. It is stated that the selection process for appointment was initiated by the respondents in 2011 and the petitioners were called to appear in the selection. It is also stated that the Selection Committee was however not constituted as per the requirements of the Uttar Pradesh Sub-Inspector and Inspector (Civil Police) Service Rules-2008 (hereinafter referred to as the Rules, 2008). The petitioners therefore alongwith others filed Writ Petition No.73255 of 2011 which was allowed by this Court by judgment dated 28.01.2014 alongwith other connected writ petitions and it was held that the three members' committee which was required to be constituted in terms of the Rule 15 (e) was not so constituted. The learned Single Judge set aside the result of the petitioners only and directed that they shall be allowed to appear in the Physical Efficiency Test afresh in accordance with rules, through a team consisting of members as provided in Rules, 2008. Thereafter Special Appeal Nos.654-655 of 2014 was filed by the State and the same was dismissed vide judgment dated 23.12.2014 with the observation that the writ petitioners no.1, 2, 4, 9 and 11 have exercised their option by joining on the post of Constable which was offered to them after they had failed in the selection proceedings and therefore the writ petition so far as those petitioners/respondents in special appeal were concerned the same had become infructuous. However, it was observed that this will not bar the State in its own wisdom from granting them any further opportunity in any fresh selection proceeding. The Special Leave to Appeal (c) No.10587-10588/2015 filed by the State of U.P. against the judgment of the Division Bench was also dismissed on 01.05.2015. Therefore call letter was issued to the petitioners on 30.05.2015 requiring them to appear in the Physical Efficiency Test to be held in the Reserved Police Lines, Lucknow on 10.06.2015. The petitioners did not appear in the selection.;