Indian Kanoon - Search engine for Indian Law

1. Since the issue pertains to cancellation of recruitment process/ selection to the vacant posts of Constables (GD) in the entire batch of petitions, they are heard and decided together by the common order.

2. The common challenge is to the order dated 27.09.2019 filed as Annexure P-1 whereby the recruitment process for selection to 2259 vacant posts of Constables (General Duty) in Police Force was cancelled.

3. The facts of the case are that on 29.12.2017, an advertisement was issued for selection and recruitment of Constables (General Duty). The said advertisement was made to fall in line with the proposed amendment which was to be incorporated in Chhattisgarh Police Executive Force Constable (Recruitment and Conditions of Service) Rules 2007 (henceforth called as "the Rules of 2007). On 03.01.2018, the filling of on-line application forms started and the last date for submission of on-line application was 04.02.2018. The petitioners contend that on 23.2.2018, a gazette notification was issued by the State wherein the proposed amended rules were notified. Thereafter, as per the time-schedule, in the month of May-June, 2018 the candidates were called to undergo the Physical Proficiency Test and physical measurements for recruitment to the post of Constable (GD). Subsequently on 07.09.2018, the Additional Director General of Police issued letters to all the Superintendents of Police in the State for taking suitable steps to conduct the written examination of Constable (General Duty) Recruitment for 2017-2018. The written test was conducted on 30th September, 2018. Thereafter the model answers were published on 04.10.2018 by the Police Headquarters in the official website and objections were invited. Subsequent thereto on 26.12.2018, the model answers were again published by the Police Head Quarters and after sorting out objections, 4 questions were deleted in all the 4 sets of question/answer sheets.

9. Per contra, learned State Counsel would refer to the document and submits that the Rules of 2007 were made in exercise of delegated power under Article 309 of the Constitution of India, therefore, the rules cannot be amended by virtue of section 50 of the Chhattisgarh Police Act, 2007. Referring to gazette notification of 23.02.2018 whereby the Rule of 2007 was amended, it is contended that the Chhattisgarh Police Act 2007 is framed for different purpose wherein the recruitment of like nature laying down the qualification has not been included. Consequently even if the rules have been amended in exercise of power under section 50 of the Act, 2007, the same cannot be given effect to. It is stated that therefore the illegality of notification dated 23rd February, 2018 was undone by the subsequent amendment of the gazette in exercise of power under Article 309 of the Constitution of India. It is stated that the Rules of 2007 was occupying the field when the last date for submission of application was fixed as 04th February 2018. There are certain replacement and deletion of rules of the criteria was made under Rule 6.

13. Admittedly on the date of advertisement, the Rules named and styled as Chhattisgarh Police Executive Force, Constable (Recruitment and Conditions of Service) Rules, 2007 (hereinafter referred to as the "Rules of 2007") was existing which is filed as Annexure R-1. The said rules do not have the aforesaid clause which was shown in advertisement. Instead, the following Rule for Physical Proficiency Test was prescribed, which reads as under:

¼6½ mifu;e ¼1½ ds [k.M ¼d½ ds v/khu izfr;ksxh ijh{kk }kjk p;u dh izfdz;k fuEukuqlkj gksxh vFkkZr%& ¼,d½ vkosnu i=ksa dh Nkuchu & vkosnu QkeZ dh Nkuchu djrs gq,] leLr fu/kkZfjr vgZrkvksa dks iw.kZ djus okys vH;fFkZ;ksa dks izFke pj.k ds vUrxrZ p;u izfdz;k esa Hkkx ysus dh ik=rk gksxhA ;FkklaHko vkosnu QkeZ ysus ds ckn leLr izfdz;k dEI;wVjkbZTM gksxhA ¼nks½ 'kkjhfjd eki dk eku & izFke pj.k ds vUrxrZ vkosnu QkeZ ,oa nLrkostksa dh Nkuchu mijkUr nLrkost lgh ik;s tkus rFkk fu/kkZfjr vgZrkvksa dks iw.kZ djus okys vkosndksa dk 'kkjhfjd ukitks[k fu;e 9 ds mifu;e ¼5½ ds ¼d½ ls ¼?k½ ds vuqlkj ¼vkWa[kks dh n`f"V] ,oa vkW[kksa ls lacaf/kr vU; tkap dks NksM+dj½ fd;k tkosxk rFkk vkxkeh izfdz;k esa lfEefyr gksus laca/kh vuqefr i= dsoy ukitks[k esa lQy ik;s x;s vH;fFkZ;ksa dks gh fn;k tkosxkA ¼rhu½ 'kkjhfjd n{krk ijh{kk %& 'kkjhfjd n{krk ijh{kk ¼VsLV½ lHkh vH;fFkZ;ksa ds fy;s vfuok;Z gS] tks dqy 100 vadks dk gksxk vkSj blesa fuEufyf[kr izfrLi/kkZ;sa lfEefyr gksaxh%& ¼v½ yEch dwn 20 vad ¼c½ mWph dwn 20 vad ¼l½ xksyk Qsad 20 vad ¼n½ 100 ehVj nkSM+ 20 vad ¼b½ 800 ehVj nkSM+ 20 vad izR;sd ifj.kke ds fy;s fn;s tkus okys vadks dk foLr`r fooj.k vuqlwph &rhu esa fofufnZ"V fd;s x;s gSA mijksDr lHkh vk;Veksa gsrq vH;fFkZ;ksa dks dsoy ,d gh volj iznku fd;k tkosxk rFkk lkekU; tkfr ds vH;fFkZ;ksa ds fy, fu/kkZfjr 100 vadksa esa ls 60 izfr'kr rFkk vuqlwfpr tkfr@ vuqlwfpr tutkfr@ vU; fiNM+k oxZ ds vH;fFkZ;ksa dks 50 izfr'kr vad izkIr djuk vfuok;Z gksxkA vH;fFkZ;ksa dks mijksDr leLr vk;Veksa esa Hkkx ysuk vfuok;Z gSA vius izn'kZu ewY;kadu ls vlarq"V gksus ij vH;FkhZ }kjk p;u lfefr ds le{k vihy dh tk ldsxh ftldk rRdky fujkdj.k fd;k tkosxkA bl lanHkZ esa p;u lfefr dk fu.kZ; vafre gksxkA 'kkjhfjd izoh.krk VsLV lw;ksZn; ls lw;kZLr ds e/; i;kZIr jks'kuh dh voLFkk esa djk;k tkosxkA jkf= vFkok d`f=e izdk'k esa ;g ijh{kk ugha djkbZ tkosxhA 'kkjhfjd izoh.krk VsLV dk rRdky fjdkMZ j[kus fooknksa dks lekIr dj ijh{kk izos'k&i= dk dk;Z djus okyk ,d cgqmn~ns'kh; dkMZ dk vkn'kZ uewuk layXu gS] ftls vfuok;Zr% viuk;k tkosA

17. In the instant case, the State has come out with a specific plea that the advertisement was not in accordance with Rule which was existing on the date. It is also an admitted position that when the advertisement was made on 29.12.2017 for recruitment of constables, the Rules of Chhattisgarh Police Executive Force, Constable (Recruitment and Conditions of Service) Rules, 2007 was occupying the field. The intention of the State would further be fortified by their notification dt.27th Sept. 2019 filed as Annexure P-17 wherein the old rules were again restored. Till that date, the results were not declared.