D.Y. Chandrachud, J. - (1.) The issue which has been raised in the present proceedings relates to the provisions of the Uttar Pradesh Sub -Inspector and Inspector (Civil Police) Service Rules, 2008 Rules For direct recruitment on the post of sub -inspector and platoon commander, a five phase programme of examinations was fixed by the recruitment Board namely, (i) Physical Standard Test; (ii) Preliminary Written Examination; (iii) Physical Efficiency Test; (iv) Main Written Examination; and (v) Group Discussion.
(2.) Part -V of the Rules deals with the procedure for recruitment. Rule 14 requires the appointing authority to determine and intimate the number of vacancies to be filled during the course of the year of recruitment, including those which are reserved for the reserved categories. Under Rule 6, reservation for candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Categories, is governed by the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex -Servicemen) Act, 1993 as amended and the orders of the Government issued from time to time.
(3.) The procedure for direct recruitment after vacancies are advertised is provided in Rule 15. Under Rule 15(h), the marks obtained by each candidate in the main examination are added with the marks obtained in the group discussion. On the basis of the total marks obtained, the Board prepares a tentative select list for each category of candidates in respect of the vacancies which are then sent to the head of the department with a recommendation subject to the conduct of a medical test and the verification of testimonials/character. Rule 15(h) provides that no waiting list shall be prepared by the Board. Rule 15(h) is in the following terms: "Tentative Select List Marks obtained by each candidate in the Main Examination under clause (b) of rule 15 shall be added to the marks obtained by him in the Group discussion under clause (g). The board, shall on the basis of total marks obtained by each candidate, in the Main Written Examination and Group Discussion, in view of reservation policy prepare tentative select list of each category of candidates in respect of vacancies and send the same to head of the department with recommendation subject to Medical Test and verification of Testimonials/Character. It shall be sent by Head of the Department to police Head Quarters for further action. No waiting list shall be prepared by the Board. In case of equal marks obtained by two or more candidates in the main examination, candidate obtaining higher marks in the main written examination shall be placed higher in merit list. The board shall up load the list of all candidates alongwith the marks obtained by each candidate in the board website." Under Rule 15(i), a medical test is required to be conducted whereas under Rule 15(j), a character verification is envisaged prior to the issuance of a letter of appointment. Rule 15(j), insofar as is material, provides as follows: "Character verification Prior to issuance of appointment letter completion of character verification shall be necessary. Verification of character/testimonials shall ordinarily be completed within a month. Candidates if found unfit in medical Test or on adverse facts being brought to light in their testimonials/character verification they shall be declared unfit by the Appointing Authority and such vacancies shall be carried forward for further selection...";