Supreme Court - Daily Orders
Qamar Hasan Khan vs State Of U.P. . on 10 August, 2015
Bench: Dipak Misra, Prafulla C. Pant
SLP(C) 25377-78/14
1
CORRECTED
ITEM NO.9 COURT NO.5 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) Nos.25377-25378/2014
(Arising out of impugned final judgment and order dated 23/07/2014
in SAN No. 875/2012,23/07/2014 in SAP No. 427/2013 passed by the
High Court of Judicature at Allahabad, Lucknow Bench)
QAMAR HASAN KHAN & ORS. Petitioner(s)
VERSUS
STATE OF U.P. & ORS. Respondent(s)
(With appln. (s) for directions and exemption from filing O.T. and
impleadment and permission to file lengthy list of dates and
interim relief and office report)
WITH S.L.P.(C) Nos.25413-25421/2014
(With appln.(s) for impleadment and appln.(s) for impleadment and
appln.(s) for exemption from filing O.T. and appln.(s) for
exemption from filing O.T. and appln.(s) for permission to file
additional documents and appln.(s) for transposing respondents as
petitioners and appln.(s) for impleadment as petitioner and
interim relief and office report)
S.L.P.(C) Nos.25776-25779/2014
(With appln.(s) for directions and appln.(s) for permission to
file synopsis and list of dates and appln.(s) for impleadment and
interim relief and office report)
S.L.P.(C)...CC 19942/2014
(With appln.(s) for permission to file SLP and interim relief and
office report)
S.L.P.(C)...CC 19945/2014
(With appln.(s) for permission to file SLP and interim relief and
office report)
S.L.P.(C)...CC 19948/2014
Signature Not Verified
Digitally signed by
(With appln.(s) for permission to file SLP and interim relief and
Chetan Kumar
Date: 2015.08.28
office report)
16:07:16 IST
Reason:
CONMT. PET.(C) No.331/2015 In C.A. No.6547/2014
(With Office Report)
SLP(C) 25377-78/14
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Date: 10/08/2015 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DIPAK MISRA
HON'BLE MR. JUSTICE PRAFULLA C. PANT
For Petitioner(s) Mr. Karan Lahiri, Adv.
Ms. Pragya Baghel, AOR
Ms. Ranjeeta Rohtagi, Adv.
SLP CC 19945/15 Mr. Ashwani Garg, Adv.
Mr. Jagdeep Sharma, Adv.
Mr. Vijay Kumar, AOR
Mr. M. P. Jha, AOR
SLP CC 19945/15 Mr. Asit Tiwari, Adv.
Mr. A. Vardhan, Adv.
Mr. Varinder Kumar Sharma, AOR
CP 331/15 Mr. S.R. Singh, Sr. Adv.
Mr. Avnish Singh, Adv.
Mr. Ankur Yadav, Adv.
Ms. Asha Gopalan Nair, AOR
For Respondent(s) Mr. Gaurav Bhatia, AAG
Mr. Utkarsh Jaiswal, Adv.
Ms. Nida Khan, Adv.
Mr. Ravi Prakash Mehrotra, AOR
Mr. P.P. Rao, Sr. Adv.
Mr. Purushottam Sharma Tripathi, AOR
Mr. Mukesh Kr. Singh, Adv.
Mr. Swarnendu Chatterjee, Adv.
Mr. M.P. Sri Vignesh, Adv.
Mr. Kapil Sibal, Sr. Adv.
Mr. Susheel Tomar, Adv.
Mr. D.S. Parmar, Adv.
Mr. Jayant Mehta, Adv.
Ms. Abha R. Sharma, Adv.
Mr. Gopal Jain, Sr. Adv.
Mr. Harshvardhan Jha, Adv.
Mrs. Yugandara Jha, Adv.
Mr. Rahul Pratap, Adv.
Mr. K. Krishna Kumar, AOR
SLP(C) 25377-78/14
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Mr. Pahlad Singh Sharma, AOR
Mr. Basava Prabhu Patil, Sr. Adv.
Mr. Purushottam Sharma Tripathi, AOR
Mr. Mukesh Kr. Singh, Adv.
Mr. B. Subramanya Prasad, Adv.
Ms. Manju Jetley, AOR
Mr. Abhinav Ramkrishna, Adv.
Mr. Pashupati Nath Razdan, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Permission to file the special leave petition is granted.
The interlocutory applications filed in the special leave petitions, including the applications for impleadment, are allowed.
In pursuance of our order dated 3rd August, 2015, Mr. Ravi Prakash Mehrotra, learned counsel appearing for the State of U.P., has circulated a note which indicates the list of dates. Learned counsel has given an overall picture, which reads as follows:
“3521 Considered by Selection Committee (2008 vacancies) 2033 Selected – Sent for Training (23.7.2015) Cut-off 223.33334 marks 252 In Merit List, but overage, out of 324.
1164 Not selected on merit.” On a scrutiny of the same, we find that 252 candidates, who have got marks equal to or more than the candidates who have been sent for training, have not been SLP(C) 25377-78/14 4 sent because of age bar. It is submitted by Mr. Mehrotra that this Court had granted relaxation of age in respect of 110 candidates as one time measure and hence, no further relaxation of age can be granted.
When this Court granted relaxation of age by the order dated 9th March, 2015, as a one time measure, the present fact situation was not before us. Be that as it may, without dwelling upon it, we direct the State to send 252 candidates for training by granting benefit of relaxation of age. The interlocutory applications for directions are, accordingly, disposed of.
In view of our order passed in the interlocutory applications for directions, the special leave petitions stand disposed of. No order as to costs.
It is hereby made clear that no court shall entertain any grievance 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.
Contempt Petition (Civil) No.331 of 2015 Let the contempt petition be listed on 8th September, 2015, on which date Mr. Gaurav Bhatia, learned Additional Advocate General appearing for the State of U.P., shall produce the answer scripts of all the papers to show grant of proportionate marks in accordance of our order.
(Chetan Kumar) (H.S. Parasher)
Court Master Court Master