SANTOSH KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a fascicle of several writ petitions filed by single or more than one petitioners belonging to general/reserved categorise seeking a writ of mandamus directing the respondents to fill up the vacancies of Sub- Inspectors Police having arisen in the batch of Sub-Inspectors Police, who joined Police Training College, Moradabad on 1st September, 1989 pursuant to the Sub-Inspectors Police Examination held in 1987, the result of which was declared in June, 1989. All these writ petitions giving rise to a common question are consolidated and disposed of by a common order.

(2.) THE facts matrix is that all the petitioners took up Sub-Inspectors Police Examination held in 1987 but their names were not included in the list of successful candidates which was declared in June 1989. THE successful candidates joined training in the Police Training College, Moradabad on 1st August, 1989 which concluded in August, 1990. As usually happens, the candidates belonging to general/reserved categories aggregating to 39 either failed to join the training or left the Training College in course of training and this is how all petitioners claim that they be selected against those 39 vacancies and be permitted to undergo training on a date fixed for this purpose.

(3.) SO the question for consideration is whether the petitioners can be selected in order of their respective merits against the aforesaid 39 vacancies that arose within the period of two months from the date of the commencement of the training. The contention of the respondents is that there is no system of waiting list for the post of Sub Inspectors Police and there is no provision in the Police Training College Manual to fill up any vacancy arising incourse of training in the event of any selected candidate not joining the training or resigning the post afterwards and, therefore, all the writ petitions are liable to be dismissed. Admittedly there is no system of preparing a waiting list at the time of selection and there is no enabling provision either in the Police Training College Manual or else where for selecting the candidates considering their placing in the merit list to fill up the vacancies that arise due to non-joining the training or resigning from the post during the training. There are no statutory rules or the Government instructions in this behalf, in so far as the selection of Sub-Inspectors Police is concerned. Learned counsel for the petitioners urged that when there is no statutory rule or any Government instruction to cover up such a situation, then a reasonable course may be followed and the petitioners may be selected againgt 39 vacancies that arose in close proximity of time from the date of commencement of training and may be permitted to join the training as and when ordered by the respondents for them.