STATE OF U P Vs. VIJAY YADAV

JUDGEMENT

(1.) These two special appeals, being Special Appeal Nos. 654 of 2014 and 655 of 2014, involving identical controversy were heard together and are being disposed of by a common judgement.

(2.) A bunch of petitions was allowed by the learned Single Judge vide order dated 28 January 2014 on the ground that more or less identical set of facts and controversy was involved in the said petitions. The learned Single Judge allowed the writ petitions filed challenging the result of the Physical Efficiency Test declaring the petitioners unqualified by an order dated 2 November 2011 of the Deputy Superintendent of Police, Establishment passed on behalf of the Deputy Inspector General of Police (Establishment), U.P on the ground that the select committee, which had undertaken the selection process, was not constituted in accordance with the U.P. Sub Inspector and Inspector (Civil Police) Service Rules, 2008 (hereinafter referred to as the Rules). Declaration of the result of the petitioners, by which they were declared as having been failed to clear the Physical Efficiency Test, was set aside and it was further directed that the petitioners shall be allowed to undergo Physical Efficiency Test afresh in accordance with the Rules through a team consisting of members as provided in the Rules.

(3.) For the purpose of deciding the appeals, the facts of the Special Appeal No. 654 of 2014 are being taken into consideration as there is no dispute between the parties that a common judgment will apply in the appeals.