The Allahabad High Court has directed the Uttar Pradesh Police Recruitment Board to take a decision on providing appointment to the candidates of Constable Recruitment-2015 within thirty days by giving the benefit of OBC reservation.

A Single Bench of Justice Ajit Kumar passed this order while hearing a petition filed by Shrikant.

Petitioner who was applicant for the post of Police Constable and Constable PAC (Male) Direct Recruitment, 2015, was non suited at the time of physical verification of documents on the ground that he produced two caste certificates of 2014 and 2016 in the OBC category.

While the 2014 caste certificate was out of scope of consideration in lieu of dates given in the advertisement for the candidate to produce relevant certificates, in respect of 2016 caste certificate, there was no dispute and resultantly no issue.

This controversy of cancellation of candidature of such candidate on pick and choose basis, for only producing two caste certificates as to one of which not being necessary could have been ignored or rejected, traveled to the Court in petition (Sateesh Kumar Yadav vs State of UP & ors) which was allowed by vide order dated 30.09.2019 with the direction to the respondents to consider the petitioner’s claim for employment in OBC category and his candidature would not overlooked only on the ground he does not possession OBC category.

The Court noted that,

It has come to be pleaded that the entire application form, required to be submitted by the petitioner, carried all the requisite certificates including the caste certificate of 2016. Paragraph-’39’ of the writ petition has not been denied in paragraph-‘8’ of the counter affidavit, sworn by Anil Kumar who was then posted as Deputy Superintendent of Police, Police Recruitment and Promotion Board, UP Lucknow.

The only averments have come in paragraph-‘8’ that reply has already been given in the preceding paragraphs of this counter affidavit which are being reiterated. There is no denial in the preceding paragraphs of the counter affidavit that petitioner’s application form did not accompany the requisite documents, nor there is any denial regarding his presenting requisite documents at the time of physical verification of documents.

Petitioner since has secured 399.20 marks which is above the last cut-off of 396 marks for the OBC candidate, the petitioner has definitely made out a caste to be accorded due consideration for the purposes of appointment as Constable in OBC category in Civil Police/PAC in light of the judgment of the Court in passed in writ petition, the Court observed while allowing the petition.

“Direction is issued to the respondent to consider the petitioner’s claim for appointment under the OBC category against the post of Constable in Civil Police/ PAC in OBC category, if otherwise there is no legal impediment. Question of caste certificate will be no more res integra. The appropriate order shall be passed by the competent authority in the matter within thirty days from the date of presentation of certified copy of the order”, the order reads.

The Allahabad High Court has directed the Standing Counsel to inform the Court about the outcome of investigations in the various FIRs in the selection for the Uttar Pradesh SI recruitment 2021 and as to what decision the state government has taken in the matter.

The Court further directed the Standing Counsel to apprise the Court the reason as to why the same agency NSEIT was engaged for conducting the examination in 2021.

A single-judge bench of Justice Alok Mathur passed this order while hearing a petition filed by Sandeep Parihar and 28 others.

The petitioners are all candidates who have appeared for the selection for the post of Sub-Inspector (Civil Police)/ Platoon Commander (PAC) and Fire Second Officer pursuant to the advertisement dated 24.02.2021.

It is stated that in pursuance to the said advertisement total of 9,534 posts were advertised which were divided into the aforesaid three posts.

The online written examination was conducted from 12.11.2021 to 02.12.2021 in 54 shifts across the centres nominated by Uttar Pradesh Police Recruitment Board. Results were declared on 14.4.2022 and subsequently, the next stage for selection was carried out.

Certain very serious allegations have been levelled by the petitioner with regard to the online examination conducted between 12.11.2021 to 02.12.2021 with regard to which several FIRs have been lodged.

Counsel for the petitioner has annexed several FIRs including FIR No 434 which was lodged on 23.11.2021 at Police Station Ramgarh Tal, District Gorakhpur, under Sections 116, 120 B, 419, 420, 467, 468, 471 IPC where it is alleged that various persons who are controlling the examination centres had permitted certain specialists to solve the question papers online.

The Court noted,

Very specific allegations have been levelled in the said FIR stating that the said controllers of the examination centres appointed by the agency NSEIT had facilitated certain persons by allotting separate labs which enabled certain persons to impersonate and answer the said questions. The said FIR has been lodged by the STF Gorakhpur.

Similar allegations also find mention in the FIR lodged on 24.11.2021 at police station Shahpur, District Gorakhpur, under Sections 419, 420, 467, 468, 471, 201 & Section 68 of Information Technology (Amendment) Act, 2008 and it is submitted that in all around 33 FIRs have been lodged by the State agencies.

Apart from the said allegations, another serious allegation has been levelled with regard to the agency which has conducted the said examination. It has been informed that on a previous occasion, the Uttar Pradesh Police Recruitment and Promotion Board had conducted the selection with regard to the Sub-Inspectors of Civil Police in the year 2017. In the said examination also, there were serious allegations of irregularities which have come forth and the said allegations were duly inquired. It was found that the allegations were correct and the entire examination was conducted in the most illegal and unauthorized manner and even the question papers were leaked prior to the said examination resulting in passing of the order dated 25.7.2017 by the recruitment Board cancelling the entire examination.

It has been submitted by the counsel for the petitioner that even in the said examination on the previous occasion also there were serious allegations of irregularities in conducting the examination by NSEIT and the same agency has conducted the present examination.

We are unable to fathom as to the reason which propelled the State Government to engage the same agency yet again for conducting the present examination in 2021, where previously the same agency was found to be involved in leakage of question paper, the Court said.

Additional Chief Standing Counsel submitted that he may be permitted to seek instructions with regard to the allegations levelled by the petitioner in the writ petition.

“List this case on 28.7.2022 in top ten cases by which date the Standing Counsel shall inform the Court firstly about the outcome of the investigations in the various FIRs and as to what decision the State Government has taken in this regard and shall also specifically apprise the Court the reason as to why the same agency NSEIT was engaged for conducting the examination in 2021.

Let the Secretary of the Recruitment Board be present in the Court along with relevant records for assistance in the Court on the next date,” the Court ordered.