Allahabad High Court
Raj Kishore Prasad And Ors. vs State Of U.P. Thru Prin.Secy.Home ... on 12 October, 2018
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 29
Case :- SERVICE SINGLE No. - 30403 of 2018
Petitioner :- Raj Kishore Prasad And Ors.
Respondent :- State Of U.P. Thru Prin.Secy.Home Lucknow And Ors.
Counsel for Petitioner :- M.P. Raju
Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri M.P. Raju, learned counsel for the petitioners and learned Standing Counsel for the opposite parties.
The case in question has a chequered history. The issue in question is related to the Sub Inspector (Civil Police) Ranker's Examination 2007-2008 and the examination process thereof was initiated in the year 2011. Thereafter, various writ petitions were filed before this Court seeking direction that the candidates be given full marks for the wrong answers in the papers of Mathematics, Reasoning and Law. Certain orders have been passed by this Court and ultimately the matter went before the Hon'ble Apex Court. Various orders have been passed by the Hon'ble Supreme Court in the instant matter. The Hon'ble Supreme Court passed an order dated 10.8.2015 in Special Leave to Appeal (C) Nos.25377-25378/2014; Qamar Hasan Khan and others Vs. State of U.P. and others, along with other connected Special Leave Petitions, which is contained in Annexure No.12 to the writ petition. By means of order dated 10.8.2015, the Hon'ble Supreme Court has categorically directed as under:-
"It is hereby made clear that no court shall entertain any grievance relating to this particular selection. Our present order would not dislodge, if any candidate, who has already been selected or sent for training. Needless to emphasize, the present order has been passed regard being had to the special features of the case."
Thereafter in the same issue, the Hon'ble Apex Court passed an order dated 8.3.2016 in Special Leave to Appeal (C) No.5880 of 2016, which is contained in Annexure No.13 to the writ petition, which is being reproduced hereunder:-
"SLP (C) No.5880/2016
The Special Leave Petition is dismissed as withdrawn.
WP (C) No.126/2016
Application seeking exemption from filing official translation is allowed.
In view of restraint order dated 10th August, 2015 passed by this Court, petitioners challenged their cancellation order dated 17th February, 2015 before this Court by way of this writ petition.
The petitioners are granted liberty to move the High Court challenging their cancellation of names and it is for the High Court to deal with the writ petition filed by the petitioners on its own merits including its entertainability unaffected by the restriction imposed in the order dated 10th August, 2015.
The Writ Petition is disposed of on the above terms."
Learned counsel for the petitioners has also drawn attention of this Court towards the order dated 30.1.2017 passed by the Hon'ble Supreme Court in Writ Petition (Civil) No.45 of 2016 (Annexure No.1 to the writ petition), which is being reproduced herein below:-
"For the reasons stated, interlocutory applications for impleadment are allowed and the applicants are impleaded as party petitioners in the instant writ petition.
Cause title be amended accordingly.
We have heard Mr. P.H. Parekh, learned senior counsel appearing for the petitioners and Mr. Vijay Bahadur Singh, learned Advocate General appearing for the respondent-State and perused the record.
It is an undisputed position that the petitioner and the newly added petitioners are qualified for the posts of Sub-Inspector Civil Police (Ranker). It is also not disputed that the petitioners have obtained marks which are within the range between 190.16667 and 223.33333 marks as those who have already been selected for the said posts.
In the circumstances, there is no reason as to why these petitioners should not be accommodated in the vacancies which admittedly exits with the State of Uttar Pradesh. We accordingly direct that the petitioner and the newly added petitioners shall be promoted to the post of Sub-Inspector Civil Police (Ranker).
We make it clear that this order shall not automatically operate as a precedent for other cases.
We further direct that these petitioners shall be trained in accordance with rules.
With the aforesaid directions, the writ petition is allowed."
By means of the aforesaid order dated 30.1.2017, the Hon'ble Apex Court has clarified that the said order shall not automatically operate as a precedent for other cases and the benefit thereof would be provided to the petitioners of that writ petition in accordance with rules. Since the present petitioners were not party before the Hon'ble Apex Court, therefore, they have preferred representation dated 30.1.2018, which is contained in Annexure No.14 to the writ petition making request that in the light of the orders being passed by the Hon'ble Apex Court, appropriate orders be passed in their matter also.
I have perused the representation of the petitioners dated 30.1.2018 and find that this is not an exhaustive representation being preferred by the petitioners inasmuch as it has nowhere been indicated as to how the petitioners would get any benefit out of the orders of the Hon'ble Apex Court and as to what is the basis on which they can be declared successful. Therefore, an exhaustive representation by the petitioners is required so that the authority concerned may pass appropriate orders considering the grievance of the petitioners strictly in accordance with law.
Accordingly, without entering into merit of the issue, liberty is given to the petitioners to prefer a fresh and exhaustive representation to the competent authority detailing the facts as to how the petitioners can be given benefit of the orders being passed by the Hon'ble Supreme Court, within a period of two weeks from today. It is made clear that each petitioner shall file a separate representation before the competent authority so that the authority concerned should consider the grievance of every petitioner separately. If the petitioners prefer their separate representations as aforesaid within the aforesaid stipulated time, the authority concerned shall pass appropriate orders strictly in accordance with law by speaking and reasoned orders, examining the entitlement of the petitioners for getting benefit of the orders of Hon'ble Apex Court, with expedition, say within a period of three months from the date of production of certified copy of this order and shall communicate the decision whereof to the petitioners forthwith.
In view of the aforesaid terms, the writ petition is disposed of finally.
Order Date :- 12.10.2018
Om
[Rajesh Singh Chauhan, J.]
