ZAKAT FOUNDATION OF INDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is a registered Trust and it is involved in the various charitable deeds and works. It has filed this public interest petition challenging the decision of the Government of India introducing the provision of Limited Competitive Examination (LCE) for recruitment of a limited number of IPS Officers from amongst the existing police officials working under various State Governments. This is in addition to the direct recruitment method already in vogue. The contention of the petitioner is that this is arbitrary and unconstitutional and instead the Government should increase the intake of IPS through normal course of Civil Services Examination conducted by the Union Public Service Commission (UPSC). The main ground of challenge is that Ministry of Home Affairs and PMO have arbitrarily went ahead with the aforesaid method of recruitment even when it was severely criticized and it also received adverse comments not only from various States but even from UPSC as well as Ministry of Law, Govt. of India. It is thus argued that the aforesaid method of recruitment to IPS is without application of mind and is not conducive for the administrative health of the police department. The petitioner has stated in detail as to how the matter was processed and highlighted various kinds of reservations and apprehension expressed by the UPSC, Ministry of Law etc.

(2.) In order to appreciate the aforesaid contentions, we summoned the original record and have perused the same.

(3.) We find that proposal was mooted by the Ministry of Home Affairs for a Limited Competitive Examination to recruit IPS officers to meet the immediate shortage of personnel. It was pointed out that as on 1.1.2010, there was 4013 posts in the direct recruitment quota of the IPS Cadre of which 3383 were in place, leaving a vacancy of 630. Since cadre review has also taken place, as a consequence thereof the total authorized strength was expected to go up from 4013 to 4730 leading to additional shortage of 717 officers. Taking into account the additions on account of cadre review, the total number of vacancies in the IPS cadre, as per the note was about 1350. This underlined the urgency to find the solution to the problem. The note also indicated that there was shortage of 268 IPS officers in the CPOs such as IB, CBI, CRPF, BSF etc.