Legal Analysis on Selection Process for Police Constables

Explore the insightful legal analysis by the court regarding the selection process for police constables, focusing on nuanced aspects like reservation policies, disqualification criteria, and the re-working of selection lists. This case summary delves into the intricate legal framework that governs recruitments in the public sector.

Facts

Result declared on 16.07.2015, with 38315 candidates successful
Respondents filled only 1650 out of 2016 seats for male general category candidates in Constable PAC Post
Respondents filled only 446 out of 1038 seats for male general category candidates in Constable Fireman Post
Selection process for 41610 posts of Police Constables initiated on 20.06.2013
Vacancies remained unfilled as suitable candidates were not available on that date
Petitioners participated in the selection process as General Category candidates
Candidates who used blades or whiteners were considered in the selection process for Police Constables.
Candidates selected as per the directions in Saket Kumar were not to be removed from the selection process.
Those who used blades or whiteners were to be given an advantage in a notional selection.
Additional candidates selected were to be reckoned against additional posts, not the original ones.
Selection list was re-worked based on the principles established in Hanuman Dutt Shukla.
4429 candidates were identified to be given the advantage as per the law declared in Hanuman Dutt Shukla.

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Analysis

High Court disqualified candidates using blades or whiteners in answer papers, ordering deletion of their names from selection list
Supreme Court decision in Hanuman Dutt Shukla case held disqualification of such candidates as improper
Decisions in Ashish Kumar Pandey and Upendra cases addressed horizontal reservation issue, impacting vacant seats in selection process
2312 vacancies for police constables remained unfilled, with 982 vacancies due to various reasons like non-reporting of selected candidates
Candidates from reserved categories were initially selected against reserved category seats but later moved to open category, affecting open category candidates.
Petitioners argued that all reserved category seats should have been given to open category candidates.
3295 additional posts were made available for selection, and candidates previously selected in reserved categories were considered for open category posts.
The re-working exercise of selection was deemed legal and valid by the court.
Adjustment of candidates between reserved and open categories was part of the same selection process initiated in 2013.

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