NAYAK PNO NO.980510777 RAJ BAHADUR & ORS.versusSTATE OF UTTAR PRADESH & ORS.

868                       [2019]
               SUPREME COURT     7 S.C.R. 868
                              REPORTS                       [2019] 7 S.C.R.


A      LANCE NAYAK PNO NO.980510777 RAJ BAHADUR & ORS.
                                        v.
                    STATE OF UTTAR PRADESH & ORS.
                         (Civil Appeal No. 4837 of 2019)
B                                 MAY 09, 2019
          [UDAY UMESH LALIT AND INDU MALHOTRA, JJ.]
             Service Law – Appellants belonging to Scheduled Caste
      category were posted as Constables/Head Constables in the Police
      Department of Uttar Pradesh – They appeared in the limited
C     departmental examination held for filling up the posts of Sub-
      Inspector (Civil Police) – Conduct of examination was to be
      governed by 2008 Rules – Candidates were required to appear in
      the written examination carrying 300 marks–Written examination
      comprised of four subjects (2 papers of 100 marks and 2 of 50
      marks each) and the candidate who failed to obtain minimum 50
D     marks in each subject would not be eligible for promotion – In
      challenge to the examination on the ground that 18 questions were
      set in erroneous manner, Single Judge directed the authorities to
      award full marks to every candidate in respect of those 18 questions–
      Order stayed by the Division Bench – Supreme Court issued certain
E     directions – Select list was published thereafter – In another SLP,
      Supreme Court vide order dtd. 10.08.15 directed that no court shall
      entertain any grievance relating to this particular selection – Writ
      petition filed by the appellants submitting inter alia that while
      considering 50 per cent cut off marks, criteria must be “paper”
      wise and not “subject” wise– In view of the order of Supreme Court
F     dtd. 10.08.15, the High Court dismissed the writ petition – Plea of
      the appellants that subject nos.3 & 4 of 50 marks each are part of
      the same paper and the appellants have secured 54% in the paper
      though may not have secured 50% in subject nos.3 & 4, thus on the
      strenght of the aggregate from all the subjects, they would be entitled
G     to be promoted – Held: Fact that the appellants had not obtained
      50 per cent marks in each of the subjects is accepted – Present
      matters concern limited Departmental examination where the idea
      is, regardless of seniority levels, a meritorious candidate be given
      chance to reach higher levels – Merit is therefore the key element
      and there can be no compromise and dilution of the criteria – What
H
                                       868
LANCE NAYAK PNO NO.980510777 RAJ BAHADUR v. STATE                      869
              OF UTTAR PRADESH

is required in terms of the Rules is minimum of 50 per cent marks      A
“in each subject” – Subjects are delineated in the Rules and there
are four subjects – Irrespective whether subjects 3 and 4 form part
of the same paper, the express language of the Rules does not permit
any such interpretation and the construction as suggested by the
appellants cannot be accepted – Uttar Pradesh Sub-Inspector and
                                                                       B
Inspector (Civil Police) Service Rules, 2008 – r.16.
      Disposing of the matters, the Court
      HELD : CIVIL APPEAL NO. 4837 OF 2019
      1.1 The fact that the appellants had not obtained 50 per
cent marks in each of the subjects is accepted. In these matters       C
with limited Departmental examination where the idea is,
regardless of seniority levels, a meritorious candidate be given
chance to reach higher levels. Merit is therefore the key element
and there can be no compromise and dilution of the criteria. What
is required in terms of the Uttar Pradesh Sub-Inspector and            D
Inspector (Civil Police) Service Rules, 2008 is minimum of 50
per cent marks “in each subject”. The subjects are delineated in
the Rules and there are four subjects. Irrespective whether
subjects 3 and 4 form part of the same paper, the express language
of the Rules does not permit any such interpretation and the
construction suggested by the appellants cannot be accepted.           E
The reliance placed on the order passed by Supreme Court in
Writ Petition (c) No. 45 of 2016 is also completely misplaced.
The order by itself did not decide any controversy and as a matter
of fact it was observed that the order would not automatically
operate as a precedent for other cases. Therefore, the submission      F
is rejected. [Paras 12-15] [877-D-H; 878-A]
     CIVIL APPEAL NOs.4838-4839 OF 2019; CIVIL APPEAL
Nos.4840-4842 OF 2019; CIVIL APPEAL NO.4845 OF 2019
      1.2 The issues involved in the matters being identical to
the earlier matter where similar contentions were raised, no           G
reason to interfere. [Para 18] [878-D]
     CIVIL APPEAL NO.4844 OF 2019; CIVIL APPEAL
NO.4846 OF 2019; CIVIL APPEAL Nos. 4843 OF 2019
     1.3 The criteria under the Rules is minimum of 50 per cent
marks in each of the subjects. It was open to the State to have        H
870            SUPREME COURT REPORTS                      [2019] 7 S.C.R.


A     prescribed a relaxed or a different criterion for the reserved
      categories candidates. However, no such relaxation was granted
      by the State and consequently no relief can be granted by the
      Court. In terms of the Rules, as they stand, the criteria of minimum
      of 50 per cent marks has to be met. Since the appellants do not
      fulfil the criteria, no exception can be made. [Para 22] [879-A-B]
B
            M.A. No.732 of 2019 in TC (C) No.287 of 2017
            1.4 It is now submitted that the grievance raised by the
      applicants in the Writ Petition was in respect of selection through
      limited departmental examination for promotion to the post of
C     UP Sub-Inspector (Civil Police) Rankers Examination and was
      not by way of direct recruitment and that the matter was wrongly
      clubbed with Civil Appeal No.11370 of 2018. The Judgment and
      order dated 27.11.2018 is recalled to the extent it disposed of
      Transfer Case (Civil) No.287 of 2017. The principal prayer in the
      writ petition is to the effect that the respondent be directed to
D     give reservation and relaxation to the writ petitioners as SC/ST
      candidates. The submission in that behalf has already been
      considered in the matters dealt with above. No reason to interfere
      in the matter. Transferred Case No.287 of 2017, therefore,
      dismissed. [Paras 25, 26] [879-E-G]
E           M.A. No.643 of 2019 in TC (C) No.297 of 2017
            1.5 It is now submitted that the grievance raised by the
      applicants in the Writ Petition was in respect of selection through
      limited departmental examination for promotion to the post of
      UP Sub-Inspector (Civil Police) Rankers Examination and was
F     not by way of direct recruitment and that the matter was wrongly
      clubbed with Civil Appeal No.11370 of 2018. We, therefore, recall
      the aforesaid Judgment and order dated 27.11.2018 to the
      extent it disposed of Transfer Case (Civil) No.297 of 2017.
      [Paras 27-29] [879-E-F]
G           1.6 The principal prayer in the writ petition is to the effect
      that the respondent be directed to give reservation and relaxation
      to the writ petitioners as SC/ST candidates. The submission in
      that behalf has already been considered in the matters dealt with
      above. No reason to interfere in the matter. Transferred Case
      No.297 of 2017, therefore, stands dismissed. [Para 30][879-F-G]
H
LANCE NAYAK PNO NO.980510777 RAJ BAHADUR v. STATE                        871
              OF UTTAR PRADESH

      Qamar Hasan Khan & others v. State of U.P. & Ors.                  A
      Decision of Supreme Court dated 10.08.2015 in
      SLP(C) No. 25377-78 of 2014 ; Alok Kumar Singh and
      others v. State of U.P. and others 2018 (15) SCALE
      189 – referred to.
                       Case Law Reference                                B
2018 (15) SCALE 189             referred to              Para 23
      CIVIL APPELLATE JURISDICTION : Civil Appeal No. 4837
of 2019.
      From the Judgment and Order dated 20.04.2018 of the High Court     C
of Judicature at Allahabad in Writ-A No. 10308 of 2018.
      With
      Civil Appeal Nos. 4838, 4839, 4840-4842, 4844, 4845, 4843 and
4846 of 2019
                                                                         D
      M.A. No 643 of 2019 in T.C. (C) No. 297 of 2017
      M.A. No. 732 of 2019 in T.C. (C) No. 287 of 2017.
       Pallav Shishodia, Ms. Vibha Dutta Makhija, Sr. Advs., Pawan
Kumar Shukla, Pankaj Kr. Singh, Vivek Vishnoi, Maninder Dubey,
Makrand Pratap Singh, Raj Singh Rana, Pankaj Kumar Singh Mukesh          E
Verma, Anupam Dwivedi, Kamal Kumar Pandey, Yash Pal Dhingra, P.
N. Puri, Abhishek Puri, M. Reeta Dewan Puri, J. S. Marahatta, Manoj
Gorkela, Arpit Bisht, M/s. Gorkela Law Office, Ram Anugrah Singh,
Rabin Majumder, Mrs. Swarupama Chaturvedi, Pramod Kr. Singh, Advs.
for the Counsel for the parties.
                                                                         F
      The Judgment of the Court was delivered by
      UDAY UMESH LALIT, J.
               CIVIL APPEAL NO.4837 OF 2019
              (Arising out of SLP(C) No.15699 of 2018)
                                                                         G
      1. Leave granted.
       2. This appeal challenges the correctness of the final judgment
and order dated 20.04.2018 passed by the High Court of Judicature at
Allahabad in Writ appeal No.10308 of 2018. This appeal was taken
as the lead matter.                                                      H
872            SUPREME COURT REPORTS                           [2019] 7 S.C.R.


A            3. The appellants belong to Scheduled Caste category and are
      posted as Constables/Head Constables in the Police Department of
      Uttar Pradesh. They appeared in the limited departmental examination
      held for filling up the posts of Sub-Inspector (Civil Police), pursuant to
      an advertisement issued by UP Police Recruitment and Promotion
      Board on 12.06.2010 for filling up 5389 posts. The conduct of
B
      examination was to be governed by Uttar Pradesh Sub-Inspector and
      Inspector (Civil Police) Service Rules, 2008. Said Rule 16 is to the
      following effect:
                  “16. Procedure for recruitment by promotion to the post of
                  Sub-Inspector – For the purpose of recruitment by promotion
C                 on the basis of departmental examination to the post of Sub
                  Inspector, the Board shall conduct a written examination in
                  the following manner:
            (a) Written Examination - (I) The eligible candidates 3 shall be
                required to appear in the written examination which shall
D               carry 300 marks. The details of the subjects included in the
                written examination and the marks shall allotted for each
                subjects are as follows:
              S.No.                    Subject                     Maximum
                                                                     marks
E               1          Hindi Essay (based on Law and           100 marks
                           Order case study and police
                           functioning)
                2          Basic Law, Constitution and Police      100 marks
                           Procedure (Indian Penal Code,           (objective
                           Criminal Procedure Code, Evidence         type)
F                          Act and Police Manual etc.)
                3          Numerical and Mental Ability Test        50 marks
                                                                   (objective
                                                                      type)
                4          Mental      Aptitude        Test/I.Q.    50marks
                           Test/Reasoning                          (objective
G                                                                     type)
            Note- The question papers shall be set up keeping in mind the job
            profile of the post of Sub-Inspector and commensurate with the
            job responsibility.
            Note 2- The candidates who fail to obtain minimum fifty percent
H           marks in each subject shall not be eligible for promotion.
LANCE NAYAK PNO NO.980510777 RAJ BAHADUR v. STATE                          873
    OF UTTAR PRADESH [UDAY UMESH LALIT, J.]

    (ii) The Selection Committee shall, have regard to the provision of    A
    reservation referred to in Rule 6, prepare a list of successful
    candidates on the basis of marks obtained by them in the written
    examination under sub-clause (I) of Clause (a).
    (b) Physical Efficiency Test – The candidates selected under clause
    (a) shall be required to appear in a Physical Efficiency Test of       B
    qualifying nature. The male candidates shall be required to
    complete a run of 10 kilometers in 75 minutes and female
    candidates a run of 5 kilometers in 45 minutes.
    (c) Service Records – marks on the basis of Service Records
    shall be awarded to each candidate selected under sub-clause (ii)      C
    of clause (a). the maximum marks for the length of service shall
    be 20(01 marks for each year), for the educational qualification
    of Graduation and above degree 10 marks. Training Course 30
    marks out of which 10 marks, Training Course 30 marks out of
    which 10 marks each for every substantive training subject to a
    maximum of 20 and 02 marks each for every non-substantive              D
    training subject to a maximum of 10 marks and 30 marks for
    annual entry. For every medal of National leave 03 marks, every
    medal of state level 02 marks subject to maximum of 10 marks
    and no marks will be given for cash reward. Thus, there shall be
    maximum 100 marks as above. The Training Director of Police            E
    organization is authorised to 4 notify any training as substantive
    and non-substantive subject to the condition that no training which
    is less than one month’s during shall be notified as substantive
    training. For every major punishment 30 marks, for every minor
    punishment 02 marks and for every adverse entry, petty punishment
    01 marks shall be deducted. The Service Records shall also be          F
    examined keeping in view whether the candidate has been awarded
    some kind of punishment which renders him unsustainable for
    promotion. Any candidate whose integrity was withheld ever within
    the last five years shall not be eligible for promotion.
    (d) Subject to the provision of clauses (a) and (c)- The marks         G
    obtained by each candidate shall sub-clause (ii) of clause (a) shall
    be added to marks obtained by him under sub-rule (v). the Selection
    Committee shall prepare a list of candidates on the basis of
    aggregate of marks so arrived.
                                                                           H
874            SUPREME COURT REPORTS                           [2019] 7 S.C.R.


A           (e) Group discussion – The candidates selected under the rule
            17(a) shall be required to appear in a Group Discussion for which
            separate groups of then candidates each shall be formed. The
            process of Group discussion shall be carried out under the
            supervision of a panel comprising Managing Expert, Psychologist
            and Criminologist in the presence of Chairman of the Board of his
B
            nominee, one Additional Director General Police nominated by
            Director General of Police, (Uttar Pradesh) or Inspector General
            of Police/Deputy Inspector General of Police nominated by him.
            In the said Group Discussion, Police case study shall be presented
            for discussion and the entire Group discussion shall be completed
C           within the stipulated timeframe. The group discussion shall carry
            20 marks and it will include the evaluation of candidates
            Management Skill (5 marks), Presentation (5 marks), Attitude (5
            marks) and Personality (5-marks). The marks shall also be
            uploaded in the Board website.
D           Note-1 The entire process of Group Discussion shall be video
            graphed and a Compact Form thereof shall be prepared.
            Note 2-Nomination of officers for giving representation to the
            Scheduled Castes, Scheduled Tribes and Other Backward Classes
            of Citizens in the Selection Committee shall be made in accordance
E           with Section 7 of the Act, as amended from time to time.
            (f) Election and merit list – The Board shall, having regard to the
            provisions of reservation referred in Rule 6, prepare a final select
            list of candidates in order or merit as disclosed by aggregate of
            marks obtained by them under sub-clause (d) and sub-clause (e)
F           if two or more 5 candidates obtain equal marks, the candidate
            obtaining higher marks under rule-rule(c) shall be placed higher in
            the list. The selection committee shall forward the list of the Board
            which shall forward it to the Head of the Department.”
             4. The candidates were thus required to appear in the written
G     examination which was to carry 300 marks. The written examination
      comprised of four subjects as enumerated in Rule 16(a)(i) and the
      candidate who failed to obtain minimum 50 marks in each subject would
      not be eligible for promotion.


H
LANCE NAYAK PNO NO.980510777 RAJ BAHADUR v. STATE                              875
    OF UTTAR PRADESH [UDAY UMESH LALIT, J.]

       5. It appears that 18 questions in the written examination were         A
found to be set in an erroneous manner which mistake was accepted by
the Department in a challenge raised in Writ Petition (Service Single)
No.3918 of 2011 (Aarakshi Vimal Kumar Singh and others v. State of
U.P. and others) before the High Court of Judicature at Allahabad,
Lucknow Bench. The Single Judge by his order dated 03.08.2011
                                                                               B
directed the authorities to award full marks to every candidate in respect
of those 18 questions. The order passed by the Single Judge was stayed
by the Division Bench in Special Appeal arising therefrom. The matter
finally reached this Court and by an order dated 18.07.2014 following
directions were issued by this Court in Civil Appeal No.6547 of 2014:
      “Having heard learned counsel for the parties, we are of the             C
      convinced opinion, the controversy should be put to rest from all
      spectrums and accordingly we issue the following directions:-
      (a) The posts that have been filled up by successful candidates,
      as has been apprised to us at the Bar, are 3358 and the candidates
      who have joined in the said posts and presently working shall not        D
      be disturbed.
      (b) The U.P. Police Recruitment & Promotion Board, Lucknow
      shall scrutinise the papers of all the candidates, namely, the persons
      who had approached the writ court and the candidates who had
      not approached the writ court and if they have attempted and             E
      answered the 18 questions, which were wrongly set out, they will
      be awarded full marks for said 18 questions.
      (c) If a candidate has not answered any erroneous question, the
      same shall be proportionately reduced. To clarify, the candidate
      shall only get full marks for the questions answered.                    F
      (d) A fresh select list shall be drawn up taking into account the
      aforesaid marks in respect of 2031 posts which are available in
      present pertaining to the year 2008.
      (e) The aforesaid exercise shall complete within a period of three
                                                                               G
      months hence and the successful candidates shall be duly intimated
      and subsequent action shall be taken by the State.
        By virtue of our order, any matter pending in the Writ Court or
      before the Division Bench shall be deemed to have been disposed
      of.”
                                                                               H
876            SUPREME COURT REPORTS                          [2019] 7 S.C.R.


A           6. The select list was thereafter published on 27.11.2014.
             7. In SLP(C) No.25377-78 of 2014 (Qamar Hasan Khan & others
      v. State of U.P. & Ors.) an order was passed on 10.08.2015 by this
      Court as under:
            “It is hereby made clear that no court shall entertain any grievance
B           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.”
            8. In April 2018 a writ petition being Writ A-No.10308 of 2018
C     was preferred by the appellants submitting inter alia that the selection
      process was undertaken without applying Reservation Policy and that
      while considering 50 per cent cut off marks criteria must be “paper”
      wise and not “subject” wise.
            9. In view of the order passed by this Court on 10.08.2015 in
D     (Qamar Hasan Khan & others v. State of U.P. & Ors.) the High Court
      refused to entertain the writ petition and dismissed the same by its order
      dated 20.04.2018, which order is now under challenge.
             10. When the matters were taken up on 15.04.2019 Mr. Pallav
      Shishodia, learned Senior Advocate appearing for the appellants relied
E     upon Order dated 30.01.2017 passed by this Court in Writ Petition (C)
      No.45 of 2016 whereunder the concerned petitioners having secured
      more than cut off marks were directed to be sent for training. It was
      submitted that similar benefits be given to the appellants. Submissions
      advanced by Mr. Pallav Shishodia, learned Senior Advocate were noted
F     in the order dated 15.04.2019 as under:
                 “According to the Rule, the eligible candidates are to appear
            in the written examination which is to carry 300 marks and the
            details of the subjects are given in Rule 16(A). The subjects so
            specified are 1 to 4 (subjects 3 & 4 carry 50 marks each).
G               According to the petition, the requirement to secure 50%
            marks is not to be reckoned subject-wise but ought to reckon
            paper-wise. And since there is common paper for subjects 3&4,
            the minimum marks which ought to be insisted upon must be in
            terms of the entire paper and not per subject i.e., subjects 3&4.
H
LANCE NAYAK PNO NO.980510777 RAJ BAHADUR v. STATE                              877
    OF UTTAR PRADESH [UDAY UMESH LALIT, J.]

      Mr. Shishodia submits that his clients have secured 54% in the           A
      paper though the clients may not have secured 50% minimum in
      subjects 3&4.
          According to Mr. Shishodia, if this submission is accepted,
      the petitioners would be entitled to the benefit of Order dated
      30.01.2017 passed by this Court as the aggregate marks secured           B
      by them are more than 50%.”
      11. The stand of the State Government is:
      (a) That the candidates were awarded full marks in the manner
prescribed by this Court;
                                                                               C
      (b) That even then, none of the appellants in all these matters
were fulfilling the criteria of having obtained 50 per cent marks in all the
subjects;
        12. The fact that the appellants had not obtained 50 per cent marks
in each of the subjects is accepted and what is submitted by the appellants    D
is that Subject Nos.3 and 4, namely, “Numerical and Mental Ability Test”
and “Mental Aptitude Test/I.Q, Test/Reasoning” carrying 50 marks each,
were part of the same paper. The further submission is that on the strength
of the aggregate from all the subjects, the appellants would be entitled to
be promoted.
                                                                               E
       13. We have given anxious consideration to the submissions as
advanced. We are concerned in these matters with limited Departmental
examination where the idea is, regardless of seniority levels, a meritorious
candidate be given chance to reach higher levels. Merit is therefore the
key element and there can be no compromise and dilution of the criteria.
What is required in terms of the Rules is minimum of 50 per cent marks         F
“in each subject”. The subjects are delineated in the Rules and there
are four subjects. Irrespective whether subjects 3 and 4 form part of
the same paper, the express language of the Rules does not permit any
such interpretation and the construction suggested by Mr. Shishodia
cannot be accepted.
                                                                               G
     14. The reliance placed on the order dated 30.01.2007 is also
completely misplaced. The order by itself did not decide any controversy
and as a matter of fact it was observed that the order would not
automatically operate as a precedent for other cases.
                                                                               H
878             SUPREME COURT REPORTS                            [2019] 7 S.C.R.


A          15. We, therefore, reject the submission and dismiss the appeal.
      No costs.
      CIVIL APPEAL Nos. 4838 and 4839 OF 2019
      (Arising out of SLP(C) No.10674 and 10675 of 2018)
B     CIVIL APPEAL Nos.4840-4842 OF 2019
      (Arising out of SLP(C) No.12891-12893 of 2018)
      and
      CIVIL APPEAL NO.4845 OF 2019
C     (Arising out of SLP(C) No.12248 of 2019)
      [D.No.42625 of 2018]
            16. Delay condoned.
            17. Leave granted.
D            18. The issues involved in the matters being identical to the earlier
      matter where similar contentions were raised, we see no reason to
      interfere. These appeals are, therefore, dismissed. No costs.
      CIVIL APPEAL NO.4844 OF 2019
      (Arising out of SLP(C) No.12247 of 2019) [ D.No.31847 of 2018]
E
      And
      CIVIL APPEAL NO.4846 OF 2019
      (Arising out of SLP(C) No.12250 of 2019) [ D.No.46457 of 2018]
F     And
      CIVIL APPEAL Nos.4843 OF 2019
      (Arising out of SLP(C) No.7168 of 2018)
            19. Delay condoned.
G           20. Leave granted.
            21. It is additionally submitted that the appellants belong to reserved
      categories and as such are entitled, inter alia, to relaxation in qualifying
      marks.

H
LANCE NAYAK PNO NO.980510777 RAJ BAHADUR v. STATE                               879
    OF UTTAR PRADESH [UDAY UMESH LALIT, J.]

       22. The criteria under the Rules is minimum of 50 per cent marks         A
in each of the subjects. It was open to the State to have prescribed a
relaxed or a different criterion for the reserved categories candidates.
However, no such relaxation was granted by the State and consequently
no relief can be granted by the Court. In terms of the Rules, as they
stand, the criteria of minimum of 50 per cent marks has to be met. Since
                                                                                B
the appellants do not fulfil the criteria, no exception can be made. These
appeals are, therefore, dismissed. No costs.
      M.A. No.732 of 2019 in TC (C) No.287 of 2017
      23. Selection undertaken pursuant to an advertisement dated
19.05.2011 for recruiting 4010 posts of Sub-Inspectors (Civil Police)           C
and 312 posts of Platoon Commanders (Provincial Armed Constabulary
– PAC) in the State of UP by direct recruitment was the subject matter
of decision by this Court in Alok Kumar Singh and others v. State of
U.P. and others Civil Appeal No.11370 of 2018 and other connected
matters.
                                                                                D
      24. Writ Petition No.2604 of 2015 preferred by the present
applicants in the High Court, was transferred to this Court and was
numbered as TC(Civil) No.287 of 2017. It was disposed of along with
aforesaid Civil Appeal No.11370 of 2018 etc.
       25. It is now submitted that the grievance raised by the applicants
in the Writ Petition was in respect of selection through limited                E
departmental examination for promotion to the post of UP Sub-Inspector
(Civil Police) Rankers Examination and was not by way of direct
recruitment and that the matter was wrongly clubbed with Civil Appeal
No.11370 of 2018. We, therefore, recall the aforesaid Judgment and
order dated 27.11.2018 to the extent it disposed of Transfer Case (Civil)       F
No.287 of 2017.
       26. Said Transferred Case is now taken up for consideration. The
principal prayer in the writ petition is to the effect that the respondent be
directed to give reservation and relaxation to the writ petitioners as SC/
ST candidates. The submission in that behalf has already been considered        G
in the matters dealt with above. We see no reason to interfere in the
matter. Transferred Case No.287 of 2017, therefore, stands dismissed.
      M.A. No.643 of 2019 in TC (C) No.297 of 2017
      27. Selection undertaken pursuant to an advertisement dated
19.05.2011 for recruiting 4010 posts of Sub-Inspectors (Civil Police)           H
880             SUPREME COURT REPORTS                            [2019] 7 S.C.R.


A     and 312 posts of Platoon Commanders (Provincial Armed Constabulary
      – PAC) in the State of UP by direct recruitment was the subject matter
      of decision by this Court in Alok Kumar Singh and others v. State of
      U.P. and others Civil Appeal No.11370 of 2018 and other connected
      matters.
B           28. Writ Petition No.18788 of 2017 preferred by the present
      applicants in the High Court, was transferred to this Court and was
      numbered as TC(Civil) No.297 of 2017. It was disposed of along with
      aforesaid Civil Appeal No.11370 of 2018 etc.
             29. It is now submitted that the grievance raised by the applicants
C     in the Writ Petition was in respect of selection through limited
      departmental examination for promotion to the post of UP Sub-Inspector
      (Civil Police) Rankers Examination and was not by way of direct
      recruitment and that the matter was wrongly clubbed with Civil Appeal
      No.11370 of 2018. We, therefore, recall the aforesaid Judgment and
      order dated 27.11.2018 to the extent it disposed of Transfer Case (Civil)
D     No.297 of 2017.
             30. Said Transferred Case is now taken up for consideration. The
      principal prayer in the writ petition is to the effect that the respondent be
      directed to give reservation and relaxation to the writ petitioners as SC/
      ST candidates. The submission in that behalf has already been considered
E     in the matters dealt with above. We see no reason to interfere in the
      matter. Transferred Case No.297 of 2017, therefore, stands dismissed.

      Divya Pandey                                               Matters disposed of.


F




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H