- (1.) Heard Sri Seemant Singh, learned counsel appearing for the petitioners and Sri Vikram Bahadur Yadav, learned Standing Counsel appearing for all the respondents.
(2.) The petitioners have come up challenging the advertisement dated 14.5.2013 issued by the U.P. Police Recruitment & Promotional Board, Lucknow (hereinafter referred to as the Board) for making selection to the post of Police Constables and Constables in P.A.C. by way of direct recruitment and also to quash the selection held in pursuance thereto for selection on the post of Constables in Civil Police and Constables in P.A.C. A further prayer directing the respondents to hold selection on 39,425 posts of Police Constables and 2,015 posts of Constables in P.A.C. (total number of 41,440 posts) on the basis of U.P. Police Constables and Head Constables Service Rules, 2008 (hereinafter referred to as the Rules of 2008) has also been made.
(3.) The Board vide advertisement dated 15.7.2011 invited applications for appointment to the post of Constables in Civil Police and 39,425 vacancies were advertised and 2,015 vacancies of Constables in Provincial Armed Constabulary (P.A.C.) were advertised. Thus 41,440 vacancies were advertised. The petitioners who were qualified for the same, applied in pursuance of the aforesaid advertisement dated 15.7.2011. They were issued call letters and have also appeared in Physical Standard Test as well as Physical Efficiency Test. This selection process was governed by the Rules of 2008. Subsequently, advertisement dated 14.5.2013 (as modified by notification dated 20.6.2013) for selection to the post of Police Constables and Constables in P.A.C. alongwith vacancies on the post of Fireman was published. By means of aforesaid advertisement dated 14.5.2013 it was notified that the earlier selection process, which was completed partially, has been cancelled and fresh applications were invited for appointment to the post of Police Constables and Constables in P.A.C. alongwith newly added vacancies of Fireman. In pursuance to the aforesaid advertisement 35,500 posts of Police Constables and 4,033 posts of Constables in P.A.C. were advertised. Apart from this 2,077 posts of Fireman were also advertised. Thus, this time a total number of 41,610 vacancies were advertised. It is also noticeable that earlier 39,425 vacancies of Police Constables were advertised whereas this time only 35,500 vacancies of Constables in Civil Police were advertise and the vacancies of Constables in P.A.C. increased from 2,015 to 4,033. It was further provided that since the selection process for appointment to the post of Fireman is also identical, therefore, 2,077 posts of Fireman which came into existence by the year 2013 were also included in the aforesaid advertisement. It may be noted that by advertisement dated 14.5.2013 initially 20,000 posts of Constables in Civil Police were advertised, which were modified by corrigendum notification dated 20.6.2013 and this figure was increased to 35,500 and 4,033 posts of Constables in P.A.C were also added. 2,077 vacancies of Fireman were also introduced. A perusal of the amended notification/advertisement dated 20th June, 2013 clearly indicates that now 41,610 posts were advertised. This advertisement dated 14.5.2013/20.6.2013 may be referred to as the new advertisement.;