Allahabad High Court
Dharmendra Singh vs The State Of U.P. And 8 Others on 7 July, 2022
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 33
Case :- WRIT - A No. - 8378 of 2022
Petitioner :- Dharmendra Singh
Respondent :- The State Of U.P. And 8 Others
Counsel for Petitioner :- Devesh Mishra,Rishabh Kesarwani
Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
Heard.
This petition has been filed with the following main prayer:-
"(i) Issue a writ, order or direction, in the nature of mandamus, directing the Respondent Authorities, to send the petitioner for necessary training on the post of Constable in the Uttar Pradesh Police Constable & Equivalent Post Direct Recruitment-2013, and select & appoint him finally for the said post, in pursuance of the Select List dated 11/11/2019, issued by the U.P. Police Recruitment & Promotion Board, Lucknow, under the direction of Hon'ble Supreme dated 24/07/2019, pass in Special Leave Petition No.20015/2018 (Ashish Kumar Yadav vs. State of U.P. and others) Enclosed as Annexure -1 to this writ petition).
(ii) Issue a writ, order or direction, in the nature of mandamus, commanding the Respondent Authorities, to complete the formalities of character verification and Select & Appoint the petitioner finally for the post of Constable in the Uttar Pradesh Police Constable & Equivalent Posts Direct Recruitment-2013, and select & appoint her finally for the said post, pursuance to the Revised Cut-off Merit issued vide Notification dated 13/08/2018."
It has been submitted by the learned counsel for the petitioner that the petitioner had applied for direct recruitment as Constable in pursuance of advertisement issued in 2013 but the entire selection was the subject of prolonged litigation and ultimately the Supreme Court decided the SLP No. 20015 of 2018 (Ashish Kumar Yadav vs. State of U.P. and others) on 24.7.2019, thereafter the petitioner and other candidates were called for completion of formalities and for character verification. The petitioner has however not been sent for training although his other colleagues were sent for training only because in the affidavit filed by the petitioner at the time of verification of documents on 27.2.2020, he has mentioned the pendency of two criminal cases namely Case Crime No. 1011 of 2015, under Sections- 147, 148, 307, 352, 506, 407 of IPC. The Final Report No.104 of 2015 has been submitted and also Case Crime No.427 of 2016, under Sections- 60/63 and 73 of Excise Act.
It has been submitted by the learned counsel for the petitioner that the petitioner has made a representation on 17.10.2021 to respondent no. 2- Secretary of U.P. Police Recruitment & Promotion Board, U.P. Lucknow, wherein he has mentioned all the details including the judgment rendered by Hon'ble Supreme Court in the case of Ashish Singh vs. Union of India. The representation has remained pending without any order by the competent authority.
This petition is disposed of with a direction to the respondent no.2- Chairman/Secretary of U.P. Police Recruitment & Promotion Board, U.P. Lucknow, to consider and decide the representation of the petitioner strictly in accordance with law by passing reasoned and speaking order within eight weeks from the date a copy of this order is produced before him.
Order Date :- 7.7.2022
S.K.
