Supreme Court - Daily Orders
Pramod Kumar Singh vs The State Of Uttar Pradesh on 27 October, 2020
Bench: Uday Umesh Lalit, S. Ravindra Bhat, Hrishikesh Roy
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ITEM NO.302 COURT NO.4 SECTION X
(HEARING THROUGH VIDEO CONFERENCING)
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition (Civil) No.465/2020
PRAMOD KUMAR SINGH & ORS. Petitioner(s)
VERSUS
STATE OF UTTAR PRADESH & ORS. Respondent(s)
(IA No.83133/2020 – FOR EXEMPTION FROM FILING AFFIDAVIT; IA
No.67003/2020 – FOR EXEMPTION FROM FILING AFFIDAVIT; IA
No.48094/2020 – FOR EXEMPTION FROM FILING O.T.; IA No.70739/2020 –
FOR EXEMPTION FROM PAYING COURT FEE; IA No.83132/2020 – FOR
INTERVENTION/IMPLEADMENT; IA No.76470/2020 – FOR INTERVENTION/
IMPLEADMENT; IA No.97516/2020 – FOR INTERVENTION/IMPLEADMENT; IA
No.67002/2020 – FOR INTERVENTION/IMPLEADMENT; IA No.93392/2020 –
FOR INTERVENTION/IMPLEADMENT; IA No.76455/2020 – FOR PERMISSION TO
FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES; and IA No.70738/2020 –
FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
WITH
W.P.(C) No.1115/2020 (X)
(IA No.104308/2020 – FOR EXEMPTION FROM FILING O.T.; IA No.104307/
2020 – FOR INTERVENTION/IMPLEADMENT; and, IA No.106033/2020 – FOR
INTERVENTION/IMPLEADMENT)
W.P.(C) No.1087/2020 (X)
(IA No.104031/2020 – FOR INTERVENTION/IMPLEADMENT)
Date : 27-10-2020 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE HRISHIKESH ROY
Counsel for the Parties:
Mr. P.S. Patwalia, Sr. Adv.
Mr. Vinay Navare, Sr. Adv.
Signature Not Verified
Mr. Anurag Dubey, Adv.
Mr. Rajesh Pathak, Adv.
Digitally signed by Dr.
Mukesh Nasa
Date: 2020.10.31
12:41:32 IST
Reason: Mr. Sumit Kumar, AOR
Kumari Supriya, Adv.
Mr. Binod Mishra, Adv.
Mr. Hemant Kumar, Adv.
Mr. Prabodha Kumar Agrawal, Adv.
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Mr. Neeraj Kishan Kaul, Sr. Adv.
Mr. Vinay Navare, Sr. Adv.
Mr. Anurag Dubey, Adv.
Mr. Rajesh Pathak, Adv.
Mr. Sumit Kumar, AOR
Kumari Supriya, Adv.
Mr. Binod Mishra, Adv.
Mr. Hemant Kumar, Adv.
Mr. Prabodha Kumar Agrawal, Adv.
Mr. Basava Prabhu S. Patil, Sr. Adv.
Mr. Mukesh Kumar Singh, Adv.
Mr. Amit, Adv.
Ms. Vani Vyas, Adv.
Mr. Purushottam Sharma Tripathi, AOR
Ms. Vibha Datta Makhija, Sr. Adv.
Mr. Danish Zubair Khan, AOR
Mr. Vinod Diwakar, AAG
Ms. Garima Prashad, AOR
Ms. Nupur Dubey, Adv.
Mr. Purushottam Sharma Tripathi, AOR
Mr. Abhishek Tripathi, Adv.
Mr. Mukesh Kumar Singh, Adv.
Mr. Shakil Ahmed Syed, AOR
Mohd. Parvez Dabas, Adv.
Mr. Uzmi Jameel Husain, Adv.
Mr. Qazi Wakeel Ahmad, Adv.
Mr. Daanish Ahmed Syed, Adv.
Mr. D.K. Garg, Adv.
Mr. Dhananjay Garg, AOR
Mr. Nikhil Jain, AOR
Mr. Rajiv Ranjan Dwivedi, AOR
Mr. Randhir Kumar Ojha, AOR
Mr. Satish Pandey, AOR
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UPON hearing the counsel the Court made the following
O R D E R
Writ Petition (Civil) No.465/2020 Heard Mr. P.S. Patwalia, learned Senior Advocate in support of the petition, Mr. Vinod Diwakar, learned AAG for the State, Mr. Basava Prabhu S. Patil and Mr. Vinay Navare, learned Senior Advocates for the applicants in impleadment applications. Hearing concluded.
Order reserved.
W.P.(C) No.1115/2020 This writ petition under Article 32 of the Constitution of India prays for following reliefs:-
“A. Issue a Writ, Order or Direction in the nature of Mandamus directing the Respondents to increase the number of vacancies for male candidates in proportionate to excess selection of the women candidates in Horizontal quota. Or Alternatively B. Issue a Writ, Order or Direction in the nature of Mandamus directing the Respondents to give effect to the notification dated 10.04.2018 issued by the Board (Annexure P-3).” Mr. Neeraj Kishan Kaul, learned Senior Advocate for the petitioners invited our attention to the order dated 10.04.2018 issued by the Government of Uttar Pradesh and to the Order dated 16.07.2018 passed by the High Court of Judicature at Allahabad.
The basic submission is to the effect that Women Candidates in respective categories have been selected in excess of the quota and if the resultant number of posts are made available for concerned category, the writ petitioners and similarly situated candidates stand a good chance of getting selected.
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Selection in question began in the year 2013 and as a result of various orders passed by this Court from time to time, the actual number of candidates who have been appointed so far are far in excess of the number of posts shown in the advertisement. In any case, now that all the required steps have been undertaken and seats in respective categories have been filled in, we see no reason to interfere in the present matter.
This writ petition is, therefore, dismissed. All the pending Interlocutory Applications also stand disposed of.
W.P.(C) No.1087/2020
This writ petition under Article 32 of the Constitution of India prays for following reliefs:
“(i) To pass appropriate writ, order and direction in the nature of writ of mandamus thereby directing the Respondents to disclose the exact number of posts/vacancies which are available (due to non- joining, medical test and character verification) out of 3295 posts which were made available in SLP (C) No.20015/2018 “Ashish Kumar Yadav & Ors. Vs. State of UP & Ors.” by the order dated 24.07.2019 of this Hon’ble Court.
(ii) To pass appropriate writ, order and direction in the nature of writ of mandamus thereby directing the Respondents to exhaust all the vacancies/posts which are available due to non-joining, medical test and character verification out of the petitioners in view of the order dated 24.07.2019 in SLP (C) No.20015/2018 “Ashish Kumar Yadav & Ors.
Vs. State of UP & Ors.”; and
(iii) To pass appropriate writ, order and direction to exhaust all in the nature of writ of mandamus thereby directing the Respondents to exhaust all the vacancies/posts which are available due to non- joining, medical test and character verification 5 out of the petitioners in view of the order dated 27.11.2018 in Special Leave Petition (Civil) No.12538 of 2016, titled as Alok Kumar Singh & Ors. vs. State of UP & Ors.; and
(iv) To pass appropriate writ, order and direction in the nature of writ of mandamus thereby directing the Respondents to exhaust all the vacancies/posts which are available due to non-joining for various reasons until any post/vacancy is left over by calling 20% or appropriate percentage of candidates in addition to the posts/vacancies; and
(v) To pass appropriate writ, order and direction in the nature of writ of mandamus thereby directing the Respondents to send the selected candidates for training in a time bound manner.” Ms. Vibha Datta Makhija, learned Senior Advocate for the petitioners relied upon the order dated 24.07.2019 passed by this Court in SLP (C) No.20015/2018, titled as “Ashish Kumar Yadav & Ors. Vs. State of UP & Ors.”, in terms of which 3295 posts were to be filled up and submitted that many candidates having not reported for duty, the resultant vacancies be directed to be filled up. In the process, those who are meritorious in the list will stand a chance to get selected.
The order dated 24.07.2019 passed by this Court in SLP (C) No.20015/2018, titled as “Ashish Kumar Yadav & Ors. Vs. State of UP & Ors.” was the final attempt to see that all the unfilled seats are available for the candidates in the present selection. It must be noted that the selection process began in the year 2013 and naturally if there are still unfilled seats, they must enure to the advantage of the candidates in next selection. 6
We, therefore, see no reason to entertain this writ petition. The writ petition is, accordingly, dismissed.
All the pending Interlocutory Applications also stand disposed of.
(MUKESH NASA) (BEENA JOLLY)
COURT MASTER BRANCH OFFICER