- (1.) Heard Mr. Ashok Khare, learned Senior Counsel, with Mr. Seemant Singh, Advocate on record, for the petitioners, Mr. Manish Goyal, learned Additional Advocate General with Ms. Archana Singh, learned Additional Chief Standing Counsel, Mr. Madhukar Ojha and Mr. Sanjeev Singh, Advocates, for the respondents.
(2.) The question, what is the ideal mode of selection to the post of Police Constable, by written examinations, as provided for under Rule 15 of the Uttar Pradesh (Civil Police) Constable and Head Constable Service Rules, 2008 (for short 'Rules, 2008') or on the basis of marks awarded in 10th and 12th standard Board examination results, as provided for in the new rules, notified on 2.12.2015, namely, the Uttar Pradesh Police Constable and Head Constable Service Rules, 2015 (for short 'Rules, 2015') falls for our consideration in these writ petitions. The primary challenge raised in these petitions, under Article 226 of the Constitution of India, is to Rules 15(b), 15(c) and 15(e) of the Rules, 2015, whereby Preliminary Written Test and Main Written Examination that was provided for in Rules, 2008, has been done away with by providing selection on the basis of marks awarded in 10th and 12th standard Board examination results or qualification equivalent thereto, as provided under clause (8) of Rules, 2015.
(3.) The factual matrix that is relevant for considering the challenge raised and deciding the question that falls for our consideration in all the writ petitions is common. A notification was issued on 29.12.2015 by the respondent-State, notifying recruitment of Constables (Civil Police) and Provincial Armed Constabulary (for short 'PAC') under Rules, 2015. They notified 23200 posts of Constable (Civil Police) and 5716 posts for PAC, totalling 28916, prescribing 17.2.2016 as last date for registration of online application and 22.2.2016 for submission of the application. The respondent-State in their counter affidavit have stated that for the posts of 28916 male vacancies, 15,63,674 applications and for 5800 female vacancies, 56338 applications were received. This Court vide order dated 27.5.2016 had directed the State Government to continue with the recruitment process, but restrained them from declaring results till the next date of hearing. This interim order, we are informed, was continued from time to time and it operates even today. As a result thereof, though the recruitment process continued, the results have not been declared so far.;