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5. The procedure for direct recruitment after the vacancies are advertised is dealt with in detail in Rule 15. According to Rule 15(h) in order to succeed in the Preliminary Written Examination, the candidates must secure a minimum of fifty per cent marks. Rule 15 (h) contemplates drawing up of a “Tentative Select List” on the basis of marks obtained in the Main Written Examination and Group Discussion. Such Tentative Select List is to be prepared in respect of each category of candidates in the light of reservation policy and is thereafter sent to Police Head Quarters for further action. Character Verification is thereafter undertaken and in terms of Rule 15(j) if candidates are found unfit in Medical Test or Character Verification, the vacancies are to be carried forward for further selection.

“In the present case, there is a clear statutory embargo which provides that such vacancies shall be carried forward for further selection which is specifically in the context of candidates being found unfit in the medical test or being invalidated as a result of the character verification. Rule 15 (h) clearly contemplates drawing up of a tentative select list on the basis of marks obtained in the main written examination and group discussion for each category of candidates which is then sent to the Head of the Department with a recommendation, subject to medical test and verification of testimonials/character. Rule 15(h) specifically contemplates that no waiting list is to be prepared by the Board. It is in this background that Rule 15 (j) provided that prior to the issuance of letters of appointment, completion of the character verification is necessary and if any candidate has been found unfit in the medical test or as a result of the character verification, these vacancies shall be carried forward for further selection. The principle that the vacancies which are available should be filled up is subject to statutory rules laying down the method and process of selection. Each of the petitioners admittedly has received marks which are lower than the cut off which was prescribed for the general category of candidates and had been unable to be selected on the basis of the cut off. Hence, we find no merit in the submission which has been urged on behalf of the petitioners that Rule 15(h) should be so construed as to require that the vacancies which remain unfilled as a result of unfitness of 104 candidates and the absence of 46 should be offered to the petitioners or to other persons in order of merit. This would be plainly contrary to the provisions contained in the Rules.” Consequently, Writ Petition No.67748 of 2015 was also dismissed on the same date, which decision is subject matter of challenge in Civil Appeal arising out of Special Leave Petition No.12538 of 2016. The aforesaid Special Leave Petition came up along with connected matters on 25.04.2016 before this Court on which date notice was issued.

Status of 95 selected candidates

2. Candidate whose character verification & 11 medical examination is in process examination & character verification

13. That a list of 237 candidates (till 21.10.2017) was received from the office of the Learned Additional Advocate General.

All these 237 candidates have approached this Hon’ble Court either as petitioner or as intervener. After scrutiny of the records it had been found that none of these candidates have procured the marks upto the cut-off marks. This being so, their result had so far not been declared by the Recruitment Board.”

15. Position as obtained from the above 4,617 situation (3784+833)

16. Candidates who discontinued 607 training/did not qualify in medical examination/character verification

17. Total number of people in service 4,010 (4617-607)

24. The matters were thereafter taken-up for final hearing and we heard all the learned counsel. It was submitted by the learned counsel that since number of posts were still lying vacant, appropriate directions be issued to make appointments and the benefit of such direction be confined to those who were before the Court either as Petitioners or Intervenors. On the other hand, it was submitted on behalf of the State Government that, as stated in its various affidavits, all candidates who had secured more than 50% marks were considered at the appropriate stages in the selection process and that no more candidates who had obtained 50% or more marks were now available. It was further submitted that though there were vacancies to the tune of 8260 in the cadre of Sub-Inspector (Civil Police) and 289 in the cadre of Platoon Commander (PAC) but two subsequent selection processes were already undertaken.