STATE OF U.P. Vs. VINDHYAVASINI TIWARI

JUDGEMENT

(1.) This intra court Special Appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 is directed against the judgment of learned Single Judge dated 9.12.2013 by which he has quashed the Government Order dated 3.9.2013 and the consequential order dated 24.9.2013 cancelling the entire proceeding of selection/recruitment, initiated vide advertisement dated 19.5.2011 by the UP Police Recruitment and Promotion Board, Lucknow on 3698 substantive posts of Sub Inspector (Civil Police), and 312 posts of Platoon Commander in Provincial Armed Constabulary (PAC). Learned Single Judge has directed the State respondents to complete recruitment commencing from the stage it was stopped, in accordance with the rules as they stood before 5th Amendment Rules, 2013 expeditiously but not later than three months from the date of production of a certified copy of the order before the respondents competent authority.

(2.) We have heard Shri Piyush Shukla, Standing Counsel appearing for the State appellants. Shri Ashok Khare, Senior Advocate assisted by Shri K.M. Asthana and Shri Seemant Singh have appeared for the respondents, who were petitioners in the writ petitions.

(3.) Brief facts giving rise to this Special Appeal are that prior to enforcement of U.P. Sub Inspector and Inspector (Civil Police) Service Rules, 2008, and U.P. Pradeshik Armed Constabulary Subordinate Officers Service Rules, 2008, the recruitment to Civil Police and PAC was governed by the executive instructions issued from time to time. The Rules made in the year 2008 separately for the Sub Inspector and Inspector (Civil Police) and PAC were notified on 2.12.2008. The U.P. Sub Inspector and Inspector (Civil Police) Service Rules, 2008 has thereafter undergone seven amendments upto 11.12.2013, whereas the U.P. Pradeshik Armed Constabulary Subordinate Officers Service Rules, 2008 has undergone four amendments. In this Special Appeal we are concerned with the 1st Amendment dated 2.4.2009 and the Corrigendum dated 10.6.2009, issued to 1st Amendment dated 2.4.2009 amending Rule 15 and the 5th Amendment dated 1.3.2013 by relaxing the standard of Physical Efficiency Test in Column No.II (e) in the Rules of 2008; applicable to recruitment of Sub Inspector and Inspector in Civil Police, whereby the following amendment was carried out:-