This appeal has been filed in the Supreme Court challenging the judgement of the High Court of Uttar Pradesh.
No Acts & Articles mentioned in this case
Page 1 IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION(C) NO.183/2013
Manish Kumar ..Petitioner
versus
Union of India and others ..Respondents
O R D E R
State of Uttar Pradesh
1. 11,376 vacant posts of Sub-Inspector of Police, are to be
filled up by way of direct recruitment. Mr. Debasish Panda,
Principal Secretary (Home), Government of Uttar Pradesh, who is
present in Court in person, affirms, that 3200 vacancies of the
posts of Sub-Inspector of Police, will be filled up each year over
four years commencing from the year 2018. The advertisement
notifying the vacancies for 2018 will be issued in the month of
January, 2018, the result of the selection process will be declared
in October, 2018, the training of the selected candidates will
commence in February, 2019, and will conclude in January, 2020.
The schedule for the next three years, we are assured, will remain
the same, as for the year 2018.
2. Insofar as the posts of Constables of Police are
concerned, which are also to be filled up by direct recruitment, it
was submitted, that 30000 Constables will be recruited annually for
four years, i.e., during the years 2017, 2018, 2019 and 2020. The
Page 2 annual process of issuing the advertisement, notifying the
vacancies will be published in August every year. The results
thereof will be declared in June of the following year. For each
process of selection, training will commence in the month of
October in the year of the declaration of the result, and the
training process will conclude in the month of September of the
next following year.
3. We hereby approve the recruitment process for selection
of direct recruits, at the level of Sub-Inspector of Police, as
also, that of Constables of Police.
4. We also further direct, that promotions to the various
ranks shall be made from time to time as may be feasible, depending
on the cadre strength.
5. Mr. Debasish Panda, Principal Secretary (Home),
Government of Uttar Pradesh, who is present in Court in person,
shall ensure that the selection, recruitment and training is
conducted in the manner indicated hereinabove (which is truly the
proposal submitted by the State Government itself). For ensuring
that the submission made to this Court is not breached, we direct
the Principal Secretary (Home), Government of Uttar Pradesh to
ensure, that the Chairman of the Police Recruitment and Selection
Board shall not be changed midstream, i.e., during the period
intervening the issuance of the advertisement notification(for
filling up the vacancies of different cadres) till the process of
selection is completed.
6. In case of breach of the time lines indicated
hereinabove, the officer mentioned hereinabove, shall be personally
Page 3 responsible.
State of Karnataka
1. The following vacancies are available in the State of
Karnataka. These vacancies are to be filled up, by way of direct
recruitment:
Police Sub-Inspectors
Sl.
No.
Cadre 2016-17 2017-18 2018-19 Total
1
PSI
(CIVIL)
165 164 164 493
2
RSI
(CAR/DAR)
39 38 38 115
3
SPL. RSI
(KSRP)
28 28 28 84
4PSI (FPB) 5 5 5 15
5
PSI
(WIRELESS
)
9 9 8 26
6
PSI
(KSISF)
18 17 17 52
7PSI (CID) 12 12 12 36
8PSI (INT) 41 40 40 121
TOTAL 317 313 312 942
Police Constables
Sl.
No.
Cadre 2016-17 2017-18 2018-19 Total
1PC 2112 2111 2111 6334
2
APC
(CAR/DAR)
688 688 688 2064
3PC (FPB) 3 3 2 8
4
RPC
(KSRP)
849 849 849 2547
5
PC
(KSISF)
396 395 395 1186
TOTAL 4048 4046 4045 12139
Page 4 2. In the Road Map for filling up the vacancies during the
year 2016-17, we are informed by Shri Raghavendra Auradkar, IPS,
Additional Director General of Police (Recruitment), Government of
Karnataka, that the following process of selection is on-going:
Police Sub-Inspectors
Sl
No
:
Post
Number of
Vacancies
Notified
Present Status
1
Police
Sub-Inspecto
r (Civil)
418
Provisional Select List has
been published and process of
document verification is in
progress.
2
Police
Sub-Inspecto
r (FPB)
24
Provisional Select List has
been published and process of
document verification is in
progress.
3
Police
Sub-Inspecto
r (Wireless)
28
Provisional Select List has
been published and process of
document verification is in
progress.
4
Police
Sub-Inspecto
r (CID)
12
Written examination has been
conducted. The process of
conducting viva-voce will be
held from 24.4.2017 and
25.4.2017 after which
Provisional Select List will
be published.
5Sub-Inspecto
r (KSISF)
18 Written examination has been
conducted. The process of
conducting viva-voce will be
held from 3.5.2017 and
Page 5 4.5.2017 after which
Provisional Select List will
be published.
6
Police
Sub-Inspecto
r (Civil)
59
Written examination has been
conducted. The process of
conducting viva-voce will be
initiated in the Second week
of May, 2017 after which
Provisional Select List will
be published.
7
Police
Sub-Inspecto
r (State
Intelligence
)
41
Written examination has been
conducted. The process of
conducting viva-voce will be
initiated in the Third week
of May, 2017 after which
Provisional Select List will
be published.
8
Reserve
Sub-Inspecto
r (CAR/DAR)
97
Written examination has been
conducted. The process of
conducting viva-voce will be
initiated in the Fourth week
of May, 2017 after which
Provisional Select List will
be published.
9
Special
Reserve
Sub-Inspecto
r (KSRP)
28
Written examination has been
conducted. The process of
conducting viva-voce will be
initiated in the Third week
of June, 2017 after which
Provisional Select List will
be published.
TOTAL 725
Page 6 Police Constables
Sl
No
:
Post
Number of
Vacancies
Notified
Present Status
1
Police
Constable
(Civil)
3992
Provisional Select List has
been published and document
verification is in
progress.
2
Armed Police
Constable(CAR/D
AR)
1834
Provisional Select List has
been published and document
verification is in
progress.
3
Special Reserve
Police
Constable
(KSRP)
1976
Merit List has been
generated after the written
examination. The
provisional select list
will be published in the
First week of May, 2017.
4
Police
Constable
(KSISF)
396
Written examination has
been conducted. Merit List
will be generated and the
provisional select list
will be published in the
Second week of May, 2017.
5
Police
Constable
(Wireless)
226
Merit List has been
generated after the written
examination. The
provisional select list
will be published in the
last week of April, 2017.
TOTAL 8424
Page 7 3. It is pointed out, that in the above process of
selection, the consideration has proceeded up to the finalisation
of the provisional select list. It is submitted, that
appointments, out of the provisional select list, will be made by
July, 2017. In the selection processes, referred to above, wherein
the written examination has been conducted, it is submitted, that
the provisional select list will be finalised by May, 2017, and the
appointment orders will be issued by July, 2017. We place on record
the manner of filling up of direct recruit vacancies in the police
cadre during the year 2016-2017.
4. It is submitted, that for filling up of remaining
vacancies, the following time schedule has been determined by the
High Court:
“A. For filling up of vacancies in the Cadre of
Police Sub Inspector (Civil)
Sl.
No.
Description Date
1.
Obtaining classification of
Vacancies from the concerned
Unit Officers.
End of March
2. Publication of Notification
2nd week of
April
3. Issue of Paper advertisement
2nd week of
April
4.
Inviting applications through
on-line
3rd week of
April
5. Conduct of ET & Police Station 4th week of May
6. Conduct of Written examination
4th week of June
7. Conduct of Viva-voce 4th week of July
8. Publication of Select List
1st week of
August
Page 8 B. For filling up of vacancies in the Cadre of Reserve Sub
Inspector (CAR/DAR):
Sl.
No.
Description Date
1.
Obtaining classification of
Vacancies from the concerned
Unit Officers.
End of March
2. Publication of Notification
2nd week of
April
3. Issue of Paper advertisement
2nd week of
April
4.
Inviting applications through
on-line
3rd week of
April
5. Conduct of ET & Police Station 4th week of June
6. Conduct of Written examination 4th week of July
7. Conduct of Viva-voce
4th week of
August
8. Publication of Select List
1st week of
September
C. For filling up of vacancies in the Cadre of Reserve Sub
Inspector (FPB) and (Wireless):
Sl.
No.
Description Date
1.
Obtaining classification of
Vacancies from the concerned
Unit Officers.
End of March
2. Publication of Notification
2nd week of
April
3. Issue of Paper advertisement
2nd week of
April
4.
Inviting applications through
on-line
3rd week of
April
5. Conduct of ET & Police Station 4th week of June
6. Conduct of Written examination
1th week of
August
7. Conduct of Viva-voce
4th week of
August
8. Publication of Select List
1st week of
September
D. For filling up of vacancies in the Cadre of Spl. Reserve
Sub Inspector (KSRP):
Page 9 Sl.
No.
Description Date
1.
Obtaining classification of
Vacancies from the concerned
Unit Officers.
End of March
2. Publication of Notification
2nd week of
April
3. Issue of Paper advertisement
2nd week of
April
4.
Inviting applications through
on-line
3rd week of
April
5. Conduct of ET & Police Station 4th week of July
6. Conduct of Written examination
1th week of
September
7. Conduct of Viva-voce
4th week of
September
8. Publication of Select List
1st week of
October
E. For filling up of vacancies in the Cadre of Sub-Inspector
(KSISF), PSI (CID) and PSI (INT):
Sl.
No.
Description Date
1.
Obtaining classification of
Vacancies from the concerned
Unit Officers.
End of August
2. Publication of Notification
2nd week of
September
3. Issue of Paper advertisement
2nd week of
September
4.
Inviting applications through
on-line
3rd week of
September
5. Conduct of ET & Police Station
4th week of
October
6. Conduct of Written examination
3rd Week of
November for SI
(KSISF), 4th
week of November
for PSI (CID)
and 1st Week of
December for PSI
(INT)
7. Conduct of Viva-voce
3rd week of
December
Page 10 8. Publication of Select List
2nd week of
January
F. For filling up of vacancies in the Cadre of Cadre of Police
Constable (Civil):
Sl.
No.
Description Date
1.
Obtaining classification of
Vacancies from the concerned
Unit Officers.
4th week of May
2. Publication of Notification 2nd week of June
3. Issue of Paper advertisement 2nd week of June
4.
Inviting applications through
on-line
3rd week of June
5. Conduct of Written Examination
2nd week of
August
6. Preparation of Merit List
1st week of
September
7. Conduct of ET & PST
4th week of
September
8. Publication of Selection list
2nd week of
October
G. For filling up of vacancies in the Cadre of Cadre of Armed
Police Constable (CAR/DAR):
Sl.
No.
Description Date
1.
Obtaining classification of
Vacancies from the concerned
Unit Officers.
4th week of May
2. Publication of Notification 2nd week of June
3. Issue of Paper advertisement 2nd week of June
4.
Inviting applications through
on-line
3rd week of June
5. Conduct of Written Examination
4th week of
August
6. Preparation of Merit List
3rd week of
September
7. Conduct of ET & PST week of October
8. Publication of Selection list
4th week of
October
H. For filling up of vacancies in the Cadre of Cadre of Spl.
Page 11 Reserve Police Constable (KSRP):
Sl.
No.
Description Date
1.
Obtaining classification of
Vacancies from the concerned
Unit Officers.
4th week of
September
2. Publication of Notification
2nd week of
October
3. Issue of Paper advertisement
2nd week of
October
4.
Inviting applications through
on-line
3rd week of
October
5. Conduct of Written Examination
2nd week of
December
6. Preparation of Merit List
3rd week of
January
7. Conduct of ET & PST
3rd week of
January
8. Publication of Selection list
1st week of
February
J. For filling up of vacancies in the Cadre of Cadre of Police
Constable (KSISF):
Sl.
No.
Description Date
1.
Obtaining classification of
Vacancies from the concerned
Unit Officers.
4th week of
October
2. Publication of Notification
2nd week of
November
3. Issue of Paper advertisement
2nd week of
November
4.
Inviting applications through
on-line
3rd week of
November
5. Conduct of Written Examination
4th week of
December
6. Preparation of Merit List
3rd week of
January
7. Conduct of ET & PST
3rd week of
February
8. Publication of Selection list
4th week of
February
K. For filling up of vacancies in the Cadre of Cadre of Police
Page 12 Constable (FPB):
Sl.
No.
Description Date
1.
Obtaining classification of
Vacancies from the concerned
Unit Officers.
4th week of
October
2. Publication of Notification
2nd week of
November
3. Issue of Paper advertisement
2nd week of
November
4.
Inviting applications through
on-line
3rd week of
November
5. Conduct of Written Examination
4th week of
January
6. Preparation of Merit List
3rd week of
February
7. Conduct of ET & PST
2nd week of
March
8. Publication of Selection list
3rd week of
March
5.We are informed on behalf of the State of Karnataka, that the
Principal Secretary, Home Department, Government of Karnataka, is
monitoring the recruitment process. He assures this Court, that
the time lines indicated hereinabove, will be duly complied with.
The statement made on behalf of the State of Karnataka, is taken on
record.
6. We hereby direct, that the Principal Secretary, Home
Department, Government of Karnataka, and the Additional Director
General of Police (Recruitment), Karnataka shall be responsible for
filling up all the vacancies, in the manner indicated to this Court
on behalf of the State Government, by strictly adhering to the time
lines.
Page 13 State of Tamil Nadu
1. Mr. V. Sampath, Joint Secretary, Department of Home,
Government of Tamil Nadu, and Mr. Sanjay Arora, Additional Director
General of Police, are present in Court in person, to assist this
Court about the manner by which direct recruitment will be made, to
fill up vacancies of different ranks in the police department.
2. In the cadre of Sub-Inspectors (Taluk), we are informed,
that as against the sanctioned strength of 8151 posts, 6398
sub-inspectors are in position. It is submitted, that the vacancies
in the said cadre as on 1.1.2017, were 1753. Out of the above
vacancies, it is pointed out, that the process of selection of 1026
Sub-Inspectors (Taluk) has been completed, and their training is in
progress. It is submitted, that the above-mentioned trainees are
likely to be issued appointment orders shortly, on the conclusion
of their training, whereupon, they are expected to join the police
force, by 1.10.2017. It is submitted, that the remaining 720
vacancies in the cadre of Sub-Inspectors (Taluk) will be initiated
and completed, within four months from today.
3. Insofar as the cadre of Sub-Inspector (Armed Reserve) is
concerned, it is pointed out, that it has a sanctioned strength of
1209 posts, out of which 1099 personnel are in position. As such,
there are only 110 vacancies of Sub-Inspectors (Armed Reserve),
which remain to be filled up. It is submitted, that the above
posts are to be filled up by way of promotion, and the process of
promotion to the above 110 vacancies, shall be completed, and
appointment orders will be issued, within four months from today.
Page 14 4. Insofar as the cadre of Sub-Inspector (Tamil Nadu Special
Police) is concerned, it has a sanctioned strength of 477, out of
which 400 personnel are in position. It is pointed out, that the
remaining 77 vacancies in the cadre of Sub-Inspector (Tamil Nadu
Special Police) are to be filled up by way of promotion, and the
process of promotion to the above 77 vacancies will be completed,
and appointments will be made, within five months from today.
5. Insofar as the cadre of Constables is concerned, it is
submitted, that there is a sanctioned strength of 1,09,694 posts,
out of which 92,105 personnel are in position. As against the
remaining 17,589 vacancies, the Tamil Nadu Uniformed Services
Recruitment Board has already issued an advertisement notifying
13,183 vacancies of Grade-II Police Constables (Armed Reserve and
Tamil Nadu Special Police) on 23.01.2017. It is pointed out, that
the provisional selection list, will be issued positively by
August, 2017, whereafter, after abiding by the verification
process, orders of appointment will be issued in November, 2017,
requiring the selected candidates to undergo training for a period
of eight months.
6. It is submitted, that the entire balance vacancies,
including such vacancies which may arise in the interregnum, will
be taken up, as soon as the provisional list, for the existing
process of selection is published, in August, 2017. It is
affirmed, that the Tamil Nadu Uniformed Services Recruitment
Board, will fill up all the remaining vacancies, in the cadre of
Constables of Police, within a period of eight months of the
Page 15 issuance of the advertisement. In the above view of the matter, it
is expressly undertaken, that all the balance vacancies in the
cadre of constables, will be filled up by April, 2018.
7. The aforesaid factual position brought to the notice of
this Court, is taken on record. The Director General of Police,
who is also the Chairman of the Tamil Nadu Uniformed Services
Recruitment Board, shall be personally responsible for complying
with the undertaking given to this Court.
States of West Bengal, Bihar and Jharkhand
Even though, we had taken up for consideration the matter
relating to filling up of vacancies in the police force for the
States of West Bengal, Bihar and Jharkhand, we refrain ourselves
from passing any final orders, in respect of the above States.
Proceedings with reference to the aforesaid three States, are
accordingly deferred to 1.5.2017.
In addition to the above three States, the three States
with the next largest number of vacancies are:
Gujarat - 28580
Telangana - 17504
Rajasthan - 15731
We therefore hereby direct, the Home Secretaries of the
additional three States, referred to hereinabove, to assist this
Court personally, or to nominate an officer of the department, not
below the rank of Joint Secretary, to prepare a definite road map
Page 16 for filling up the vacancies of police personnel.
Post for further consideration on 01.05.2017.
….......................CJI
[JAGDISH SINGH KHEHAR]
NEW DELHI; ….........................J.
APRIL 24, 2017. [Dr. D.Y. CHANDRACHUD]
Page 17 ITEM NO.37 COURT NO.1 SECTION PIL(W)
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 183/2013
MANISH KUMAR Petitioner(s)
VERSUS
UNION OF INDIA AND ORS. Respondent(s)
(with appln. (s) for exemption from filing O.T. and extension of
time)
Date : 24/04/2017 This petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
For Petitioner(s) Mr. Manish Kumar, in person
For Respondent(s) Mr. Maninder Singh, ASG
Mr. Ajay Kumar Singh, Adv.
Ms. Sushma Manchanda, Adv.
Mr. Abshishek Atrey, Adv.
Mr. S.Wasim A. Qadri, Adv.
Mr. Sudhir Walia, Adv.
for Mr. M.K. Maroria, AOR
Ms. Sunita Sharma, Adv.
Mr. R.R. Rajesh, Adv.
for Mr. Raj Bahadur, AOR
Mr. Ravi Prakash Mehrotra,Adv.
Mr. Aviral Saxena, Adv.
Mr. Vibhu Tiwari, Adv.
Mr. Subramonium Prasad, Sr. Adv.
Mr. M. Yogesh Kanna, Adv.
Ms. Nithya , Adv.
Mrs. Maha Lakshmi, Adv.
Mr. Partha Sarathi, Adv.
Mr. Tapesh Kumar Singh, Adv.
Mr. Kumar Anurag Singh, Adv.
Mr. Mohd. Waquas, Adv.
Mr. Aditya Pratap Singh, Adv.
Mr. Rudreshwar Singh, Adv.
Mr. Gautam Singh, Adv.
Ms. Isha Singh, Adv.
for Mr. Samir Ali Khan, AOR
Mr. A.K. Ganguli, Sr. Adv.
Page 18 Mr. Raja Chatterjee, Adv.
Mr. Kunal Chatterjee, Adv.
Mr. C.K. Ganguli, Adv.
Mr. V.N. Raghupathy, Adv.
Mr. Shuvodeep Roy, Adv.
Ms. Jesal Wahi, Adv.
for Ms. Hemantika Wahi, Adv.
Mr. Mrityunjai Singh, Adv.
for Mr. S. Udaya Kumar Sagar, AOR
Mr. Shiv Mangal Sharma, AAG
Mr. Arjun Singh, Adv.
for Mr. Milind Kumar,AOR
Mr. Guntur Prabhakar,Adv.
Ms.Aruna Mathur, Adv.
for M/s Arputham Aruna & Co.
Mr. Ranjan Mukherjee,Adv.
Mr. V. G. Pragasam,Adv.
Mr. Sapam Biswajit Meitei, adv.
Mr. Naresh Kumar Gaur, Adv.
for Mr. Ashok Kumar Singh,AOR
Mr. D.K. Thakur, AAG
for Mr. Varinder Kumar Sharma,AOR
Ms. Bansuri Swaraj, Adv.
for Mr. C.D. Singh, AOR
Mr. M. Shoeb Alam, Adv.
Ms. Fauzia Shakil, Adv.
Mr. Ujjwal Singh, Adv.
Mr. Pragyan, Adv.
Mr. Shikhar Garg, Adv.
Mr. Ganesh Bapu, Adv.
for Mr. P. V. Yogeswaran,AOR
Mr. Sanchar Anand, AAG
Mr. Apoorv Singhal, Adv.
Mr. Anant K. Vatsya, Adv.
Mr. Narsingh N. Rai, Adv.
for Mr. Kuldip Singh,Adv.
Mr. Rajiv Nanda,Adv.
Mr. Sudarshan Singh Rawat,Adv.
Mr. Anil Grover, AAG
Ms. Noopur Singhal, Adv.
Mr. Satish Kumar, Adv.
Mr. Sandeep Yadav, Adv.
Mr. Sanjay Kumar Visen,Adv.
Mr. Mishra Saurabh,Adv.
Ms. G. Indira,Adv.
Page 19 Mr. Shishir Deshpande,Adv.
Ms. Rushira gupta, Adv.
Mr. Salvador Santosh Rebello, Adv.
Mr. Anurag Sharma, Adv.
Ms. K. Enatoli Sema,Adv.
Mr. Krishnayan Sen,Adv.
Ms. Asiya Khan, Adv.
Mr. Uddyam Mukherjee, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The filling up of vacancies in the police force in the
States of Uttar Pradesh, Karnataka and Tamil Nadu be dealt with,
in the manner indicated in the signed order.
Even though, we had taken up for consideration the matter
relating to filling up of vacancies in the police force for the
States of West Bengal, Bihar and Jharkhand, but we refrain
ourselves from passing any final orders, in respect of the above
States. Proceedings with reference to the aforesaid three States,
are accordingly deferred to 1.5.2017.
In addition to the above three States, the three States
with the next largest number of vacancies are:
Gujarat - 28580
Telangana - 17504
Rajasthan - 15731
We therefore hereby direct, the Home Secretaries of the
additional three States, referred to hereinabove, to assist this
Court personally, or to nominate an officer of the department, not
below the rank of Joint Secretary, to prepare a definite road map
for filling up the vacancies of police personnel.
Page 20 Post for further consideration on 01.05.2017.
(Renuka Sadana) (Parveen Kumar)
Assistant Registrar AR-cum-PS
[signed order is placed on the file]
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