JUDGEMENT
VIVEK KUMAR BIRLA, J. -
(1.) HEARD Sri Ashok Khare, learned Senior Counsel, assisted by Sri Seemant Singh, learned counsel appearing for the petitioners and the learned Standing Counsel appearing for all the respondents.
(2.) THE present petition has been filed seeking following reliefs:
"a) issue a writ, order or direction in the nature of CERTIORARI calling for the records of the case and quashing the impugned result declared on 21st February, 2015 to the extent by which petitioners have been declared not qualified in physical efficiency test held on 21st February, 2015 at the Centre 35th Battalion, PAC, Mahanagar, Lucknow pursuant to selection on the post of Sub -Inspector in Civil Police by promotion from the post of Constable and Head Constables.
b) issue a writ, order or direction in the nature of MANDAMUS directing the respondents to hold the Physical Efficiency Test of 10 kms. run in 75 minutes afresh in respect of the petitioners pursuant to the selection on the post of Sub -Inspectors in Civil Police by way of promotion from the post of Constables and Head Constables within a stipulated period of time as fixed by this Hon'ble Court and the date for holding the Physical Efficiency Test of 10 kms. run in 75 minutes be fixed after giving proper time to the petitioners for practising the same;
c) issue such other writ, order or directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case; and
d) award costs of the petition in favour of the petitioner."
(3.) SUBSEQUENTLY , after filing of the counter affidavit by the State placing before this Court, as the representations moved by the petitioners before the U.P. Police Recruitment and Promotional Board (hereinafter referred to as the Board) have been rejected individually by orders dated 7.4.2015 and 9.4.2015, an amendment application was filed by the petitioners to amend the petition, the grounds and the prayer clause. The said application was allowed by order dated 8.5.2015 and the petitioners were directed to carry out such amendments. Consequently, following prayer was added to the writ petition:
"(b) (i) issue a writ, order or direction in the nature of certiorari calling for the record of the case and to quash the impugned order dated 9.4.2015 passed by the U.P. Police Recruitment and Promotion Board, Lucknow (Annexure No. 22 to the writ petition)."
The facts of the case are that Constable Mohd. Faruk Khan (petitioner no. 1) was appointed in the year 1988, Constable Iflaq Ahmad Khan (petitioner no. 2) was appointed in the year 1990, Constable Arif Khan (petitioner no. 3) was appointed in the year 1991, Constable Sarjan Singh (petitioner no. 4) was appointed in the year 1993, Head Constable Mohd. Nasim Khan (petitioner no. 5) was appointed in the year 1992, Constable Kamal Kaushal Tiwari (petitioner no. 6) was appointed in the year 1991 and Constable Mohd. Meraj Ali (petitioner no. 7) was appointed in the year 1993. The petitioners became eligible for selection to the post of Sub -Inspector in Civil Police by way of promotion by the year 1998 from the post of Constable pursuant to the notification dated 12.6.2010 issued by the Police Board. The aforesaid notification dated 12.6.2010 issued by the Police Board includes the vacancies arising from the year 1999 to 2008 for such selection. The petitioners were called for appearing in the preliminary written test and were issued admit cards.;
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