B. Amit Sthalekar, J. - (1.) Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Siddharth Khare for the petitioners and Sri Vikram Bahadur Yadav, learned Standing Counsel for the respondents.
(2.) The petitioners who are 20 in number are seeking appointment on the post of Constable Civil Police/P.A.C. Fireman in pursuance of the advertisement dated 20.06.2013. The undisputed facts are that the petitioners have used whitener/blade in the examination in their OMR sheets and their candidature was rejected on this ground. The matter relating to the selection of Sub-Inspector was already before the Supreme Court and it was stated that the case of Constable was also considered by the Supreme Court. The Supreme Court in Civil Appeal no(s). 587-588 of 2016 (arising out of S.L.P. (C) nos. 21843-21844 of 2015), Hanuman Dutt Shukla and others Vs State of U.P and others, in its judgment dated 19.01.2016 gave the following directions:- "As regards the selection of Constables, learned Advocate General stated that the State can accommodate only those candidates who could have been selected, had they not been excluded from the final result for having used whitener/blade in OMR sheets. For this purpose, Board will prepare Notional Result as per notified vacancies (41, 610), after including all candidates who had used whitener/blade. Thereafter, separate list of all such candidates will be prepared who have found place in notional result, but could not find place in the result declared on 16.07.2015. After preparation of separate list of all such candidates, State will take steps to accommodate them, out of which 2500 candidates can be appointed as Constable in PAC, 1000 candidates can be appointed as Constables in Fire Service and rest of the candidates can be appointed in Civil Police. A separate list will be prepared on the basis of marks obtained by them and such candidates will be kept below the already selected candidates. State will appoint only those candidates who are in the fresh Notional Result to be prepared by the Board, who could not be selected due to use of whitener/blade. None other will have any claim to appointment. All new candidates will be sent for training after completion of training of already selected candidates, as there is no vacancy in training centres at present. Appointments will be done as an exceptional and one-time measure. This will not be treated as a precedent for any other case."
(3.) The learned Senior Counsel for the petitioners submitted that as per the statement of the learned Advocate General, the selection was to be considered in respect of 2500 posts for P.A.C. and 1000 posts for Constable in fire service. He further submitted that 509 candidates have not joined at all and therefore, the petitioners should be considered against the available vacancies.;