RAJESH SINGH SIKARWAR Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India relates to appointment to services under M.P. Police Executive (Non Gazetted) Service Recruitment Rules, 1997 (hereinafter referred to as the Rules of 1997). Rule 7 of the Rules of 1997 provides that all appointments to the service after coming into force of these rules shall be made by the appointing authority and only after selection by one of the methods of recruitment specified in rule 6. Direct recruitment by selection through competitive examination is one of the method provided for under rule 6. Rule 8 of the Rules of 1997 prescribes for conditions of eligibility of candidate for direct recruitment. Rule 12 of the Rules of 1997 provides for list of candidates recommended by the Committee i.e. a list arranged in the order of merit of the candidates, who have qualified by such standards as fixed by the Committee, and of the candidates belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes who though not qualified by such standard, are declared by the Committee to be suitable for appointment to the service with due regard to the maintenance of efficiency of administration.

(2.) APPOINTMENT to the posts of Sub Inspector (Radio), Sub Inspector (Finger Prints) and Sub Inspector (Questioned Documents) are categorized into non -technical group and the posts of Subedar, Sub Inspector (Executive), Sub Inspector (Special Branch) and Platoon Commander are also categorized into non -technical group. These posts are to be filled up by way of direct recruitment by selection through competitive examination. The selection process involves written examination and physical proficiency test. Written examination has two papers each of 100 marks: (i) Hindi and English and (ii) General Knowledge and General Mental Ability. After conclusion of written examination, results are declared as per the rules. On the basis of written examination's results, physical proficiency test and interview are conducted. Thereafter, final select list is prepared in the order of merit as contemplated under Rule 12 of the Rules of 1997 by the M.P. Professional Examination Board and sent to the department for appointment under Rule 13 of the Rules of 1997.

(3.) FOR the selection year 2011 total 49 posts were reserved for ex -servicemen candidates. Out of which, 45 posts were in nontechnical group and 4 posts were reserved in technical group. Result of ex -servicemen candidates was not declared instantly due to various Court orders being passed by different Benches of the High Court and ultimately result was declared on 6/2/2012. One post in the non -technical group was kept vacant in compliance to the order passed by this Court in Writ Petition No.286/2012 on 6/1/2012. Two posts in the non -technical group were kept vacant in connection with Writ Petition No.9203/2011 (Indore Bench) and Writ Petition No.8252/2012 (Gwalior Bench). Against 42 available vacancies reserved for ex -servicemen candidates, only 28 ex -servicemen candidates were found eligible for selection. Thereafter, such selected candidates were sent for training from 2/4/2012 at Jawaharlal Nehru Police Academy, Sagar and Rustamji Armed Police Training College, Indore. Last date for reporting at the training institute was 31/5/2012. Among these 28 ex -servicemen selected candidates for different posts, petitioner -Rajesh Singh Sikarwar was also selected, however, in the merit list his name was lower and, therefore, he was offered appointment as Platoon Commander, whereas three other exservicemen among 28 ex -servicemen selected candidates, namely, Maharaj Singh Baghel, Bahadur Singh Parihar and Krishan Kant Tiwari were higher in the merit list and were offered the post of Sub Inspectors. However, as these aforesaid three persons were also selected for the selection year 2008, therefore, they had opted for their appointment on the post of Sub Inspector to be made out of the select list of 2008 and, therefore, they quit the post of Sub Inspector of the selection year 2011.