VIJAY SHANKAR YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ashok Khare, Senior Advocte, assisted by Sri Siddharth Khare, learned counsel for the petitioners and learned Standing Counsel for the respondents.

(2.) In all these writ petitions, common questions of law are involved and therefore, they have been heard together and are being decided by this common judgment. However, for the purpose of brevity, facts and pleadings from Writ Petition No.73255 of 2011 have been taken and counsel for the parties in other matters stated at the bar that facts in all other matters are more or less similar and issue in fact is the same, therefore, whatever is said in respect of the leading writ petition, that would equally apply to other matters and, hence, I proceed accordingly.

(3.) The result of physical efficiency test declaring petitioners unqualified, and, communicated by order dated 2.11.2011 of Deputy Superintendent of Police, Establishment on behalf of Deputy Inspector General of Police, (Establishment) U.P., has been challenged in this writ petition on various grounds. It is said that appropriate electronic gadget was not attached to the legs of candidates which would have recorded the number of rounds completed by a candidate correctly and instead rounds were sought to be counted by a few persons present though number of candidates running was quite large. A more serious issue has been raised regarding constitution of Selection Committee and it is said that Selection Committee was not constituted as per the rule 15(e) read with Appendix 2 of U.P. Sub-Inspector and Inspector (Civil Police) Service Rules, 2008 (hereinafter referred to as "Rules, 2008") and petitioners have been examined by a body, which was not lawfully constituted. It is argued that Selection Committee, who conducted "Physical Efficiency Test" consisted of Sri Ashutosh Pandey, Deputy Inspector General of Police, Special Inquirey, U.P. Lucknow as Chairman, Sri D.C. Mishra, Commandant, 35th Battalion, P.A.C., Lucknow and as Members, Smt. Geeta, Additional Superintendent of Police, C.B.C.I.D., U.P. Lucknow, Sri Shahab Rasheed Khan, Addl. Superintendent of Police, S.T.F., U.P. Lucknow and Sri Ram Badan Singh, Assistant Commandant, 35 Battalion, P.A.C., U.P., Lucknow, which is not as per the requirement of the rules.