ALOK KUMAR SINGH & OTHERS versus STATE OF U.P. & OTHERS

ALOK KUMAR SINGH & OTHERS versus STATE OF U.P. & OTHERS

High Court decisions in the selection matters were correct in law regarding interpretation of Rule 15(j) and Rule 15(h), but in the exceptional factual matrix of repeated interventions and the existence of 607 vacancies due to discontinued training/failure in medical/character verification, the Court directed (as a one-time exception) that those 607 vacancies and 226 unfilled posts reserved for dependents of freedom fighters (total 833) be made available in the present selection and filled strictly in order of merit subject to obtaining 50% in the main written examination and in accordance with reservation and preference; further, candidates excluded for using whitener/blade as per...

Parties
Appellants: ALOK KUMAR SINGH & OTHERS; Respondents: STATE OF U.P. & OTHERS
Jurisdiction
India
Judgment Date
27 November 2018
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeals, writ petitions and transferred cases disposed of with directions as detailed; High Court decisions in the key challenges upheld except for one-time directions to fill specified vacancies in the present selection; contempt petitions disposed; no order as to costs.
Legal Topics
Eligibility (50% Rule), Vacancy Carry Forward, Use of Whitener/blade in Examination, Group Discussion Selection, Merit, Reservation and Preference
Service Rules/recruitment Administrative Law Reservation Law Eligibility (50% Rule) Vacancy Carry Forward Use of Whitener/blade in Examination Group Discussion Selection Merit, Reservation and Preference

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Parties

ALOK KUMAR SINGH & OTHERS

Appellants

STATE OF U.P. & OTHERS

Respondents

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether vacancies arising from candidates failing medical/character verification or discontinuing training could be filled in the present selection or must be carried forward as per Rule 15(j)
  2. 2 Whether candidates excluded for using whitener/blade in the main examination should be accommodated without disturbing the revised final list
  3. 3 Whether the Board’s calling 14256 candidates to Group Discussion (instead of 12030) could be rectified at this stage

Ratio Decidendi

High Court decisions in the selection matters were correct in law regarding interpretation of Rule 15(j) and Rule 15(h), but in the exceptional factual matrix of repeated interventions and the existence of 607 vacancies due to discontinued training/failure in medical/character verification, the Court directed (as a one-time exception) that those 607 vacancies and 226 unfilled posts reserved for dependents of freedom fighters (total 833) be made available in the present selection and filled strictly in order of merit subject to obtaining 50% in the main written examination and in accordance with reservation and preference; further, candidates excluded for using whitener/blade as per...

Court Disposition

Appeals, writ petitions and transferred cases disposed of with directions as detailed; High Court decisions in the key challenges upheld except for one-time directions to fill specified vacancies in the present selection; contempt petitions disposed; no order as to costs.

Orders

  • 607 posts lying vacant due to discontinued training or failure in medical/character verification shall be offered and made available in the present selection, strictly in order of merit and subject to obtaining 50% or more marks in the main written examination
  • 226 unfilled posts reserved for dependents of freedom fighters shall be made available for the present selection