PRAPHUL RANJAN BRAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, Praphul Ranjan Singh Brar, who is serving as Deputy Superintendent of Police in Delhi and Himachal Pradesh Police Service (hereinafter referred to as D. & H.P. Police Service) Class II, and at present in Delhi Armed Police (hereinafter refered to as D.A.P.), has filed this writ petition praying that-

(2.) The Union Public Service Commission are responsible under Article 320(1) of the Constitution of India for conducting examinations for appointment to the services of the Union. In 1964, the said Service Commission held a combined competitive examination for recruitment to various categories of services, some of them being the Indian Administrative Service, the Indian Foreign Service, the Indian Police Service, and the Delhi and Himachal Pradesh Police Service Class II. The petitioner appeared in the said examination" for recruitment to the Indian Police Service . and D.&H.P. Police Service Class II, and his roll number was 2159. The Service Commission published a list in May, 1965 (Annexure II) in the form of a Press Note containing the names of the successful candidates. The petitioner and five others secured the same aggregate marks, viz. 495 marks and their names were arranged by the Service Commission in inter se order of merit as follows :- <FRM>JUDGEMENT_375_ILR(DEL)1_1971Html1.htm</FRM> The list included certain candidates for appointment to the Indian Administrative Service and Indian Foreign Service, with whom we are not concerned in this writ petition. It was slated in the Press Note that the number of vacancies expected to be filled was 87 for the Indian Police Service . and the D. &, H.P. Police Service Class II. A copy of letter No. 20/3/64-AIS(I), dated 10th May, 1965, from the Government of India, Ministry of Home Affairs to the Secretary, Union Public Service Commission, Annexure I to the counter-affidavit of Shri A. N. Batabyal, Deputy Secretary (Services), Government of India, Ministry of Home Affairs, filed on behalf of respondent No. 2, shows the break up of the expected vacancies as under:- <FRM>JUDGEMENT_375_ILR(DEL)1_1971Html2.htm</FRM> Thus, the number of vacancies in the Indian Police Service including those reserved for candidates of scheduled castes and scheduled tribes was 73, and the number of vacancies in the D.&H.P. Police Service Class II was 14 including those reserved for candidates of scheduled castes and scheduled tribes making up the total of 87 vacancies. But, it was further stated in the said letter that the case of a candidate who was recommended for appointment to the Indian Police Service on the results of the combined competitive examination, 1963, and who had preferred an appeal against the finding of the Medical Board that he was unfit for appointment to that service, was under consideration, and that in case he was found fit for appointment to the the Indian Police Service by the appellate Board, a vacancy in the Indian Police Service would be required to be filled by him, and, therefore, in that contingency the total number of vacancies in the Indian Police Service would be 74 (composition-General 62; S.C. 9; and S.T. 3) and not 73 as mentioned in the tabular statement above.

(3.) The petitioner himself has stated in his writ petition that 74 successful candidates including II candidates of scheduled castes or scheduled tribes were appointed in the Indian Police Service, that amongst the 63 General candidates (excluding the scheduled castes and scheduled tribes candidates), the last candidate appointed in I.P.S. was N. Gunasekaran, who ranked at serial No. 191, and that 8 candidates were appointed for D.&H.P. Police Service. Thus though the number of vacancies expected to be filled in was 87, the actual number of vacancies filled was 82.