Manish Kumar vs Union Of India And Ors on 24 April, 2017

caselaws

Supreme Court of India
Manish Kumar vs Union Of India And Ors on 24 April, 2017Author: ……………………..

Bench: Jagdish Singh Khehar, D.Y. Chandrachud

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION(C) NO.183/2013

Manish Kumar ..Petitioner
versus

Union of India and others ..Respondents

O R D E R

State of Uttar Pradesh

1. 11,376 vacant posts of Sub-Inspector of Police, are to be
filled up by way of direct recruitment. Mr. Debasish Panda, Principal
Secretary (Home), Government of Uttar Pradesh, who is present in Court in
person, affirms, that 3200 vacancies of the posts of Sub-Inspector of
Police, will be filled up each year over four years commencing from the
year 2018. The advertisement notifying the vacancies for 2018 will be
issued in the month of January, 2018, the result of the selection process
will be declared in October, 2018, the training of the selected candidates
will commence in February, 2019, and will conclude in January, 2020. The
schedule for the next three years, we are assured, will remain the same, as
for the year 2018.
2. Insofar as the posts of Constables of Police are concerned,
which are also to be filled up by direct recruitment, it was submitted,
that 30000 Constables will be recruited annually for four years, i.e.,
during the years 2017, 2018, 2019 and 2020. The annual process of issuing
the advertisement, notifying the vacancies will be published in August
every year. The results thereof will be declared in June of the following
year. For each process of selection, training will commence in the month of
October in the year of the declaration of the result, and the training
process will conclude in the month of September of the next following year.
3. We hereby approve the recruitment process for selection of
direct recruits, at the level of Sub-Inspector of Police, as also, that of
Constables of Police.
4. We also further direct, that promotions to the various ranks
shall be made from time to time as may be feasible, depending on the cadre
strength.
5. Mr. Debasish Panda, Principal Secretary (Home), Government of
Uttar Pradesh, who is present in Court in person, shall ensure that the
selection, recruitment and training is conducted in the manner indicated
hereinabove (which is truly the proposal submitted by the State Government
itself). For ensuring that the submission made to this Court is not
breached, we direct the Principal Secretary (Home), Government of Uttar
Pradesh to ensure, that the Chairman of the Police Recruitment and
Selection Board shall not be changed midstream, i.e., during the period
intervening the issuance of the advertisement notification(for filling up
the vacancies of different cadres) till the process of selection is
completed.
6. In case of breach of the time lines indicated hereinabove, the
officer mentioned hereinabove, shall be personally responsible.

State of Karnataka
1. The following vacancies are available in the State of
Karnataka. These vacancies are to be filled up, by way of direct
recruitment:
Police Sub-Inspectors

|Sl. |Cadre |2016-17 |2017-18 |2018-19 |Total |
|No. | | | | | |
|1 |PSI (CIVIL)|165 |164 |164 |493 |
| |RSI |39 |38 |38 |115 |
|2 |(CAR/DAR) | | | | |
|3 |SPL. RSI |28 |28 |28 |84 |
| |(KSRP) | | | | |
|4 |PSI (FPB) |5 |5 |5 |15 |
|5 |PSI |9 |9 |8 |26 |
| |(WIRELESS) | | | | |
|6 |PSI (KSISF)|18 |17 |17 |52 |
|7 |PSI (CID) |12 |12 |12 |36 |
|8 |PSI (INT) |41 |40 |40 |121 |
|TOTAL |317 |313 |312 |942 |

Police Constables

|Sl. |Cadre |2016-17 |2017-18 |2018-19 |Total |
|No. | | | | | |
|1 |PC |2112 |2111 |2111 |6334 |
|2 |APC |688 |688 |688 |2064 |
| |(CAR/DAR) | | | | |
|3 |PC (FPB) |3 |3 |2 |8 |
|4 |RPC (KSRP) |849 |849 |849 |2547 |
|5 |PC (KSISF) |396 |395 |395 |1186 |
|TOTAL |4048 |4046 |4045 |12139 |

2. In the Road Map for filling up the vacancies during the year
2016-17, we are informed by Shri Raghavendra Auradkar, IPS, Additional
Director General of Police (Recruitment), Government of Karnataka, that the
following process of selection is on-going:

Police Sub-Inspectors

Police Constables

3. It is pointed out, that in the above process of selection, the
consideration has proceeded up to the finalisation of the provisional
select list. It is submitted, that appointments, out of the provisional
select list, will be made by July, 2017. In the selection processes,
referred to above, wherein the written examination has been conducted, it
is submitted, that the provisional select list will be finalised by May,
2017, and the appointment orders will be issued by July, 2017. We place on
record the manner of filling up of direct recruit vacancies in the police
cadre during the year 2016-2017.

4. It is submitted, that for filling up of remaining vacancies,
the following time schedule has been determined by the High Court:“A. For filling up of vacancies in the Cadre of Police Sub Inspector
(Civil)

C. For filling up of vacancies in the Cadre of Reserve Sub Inspector
(FPB) and (Wireless):

5. We are informed on behalf of the State of Karnataka, that the
Principal Secretary, Home Department, Government of Karnataka, is
monitoring the recruitment process. He assures this Court, that the time
lines indicated hereinabove, will be duly complied with. The statement made
on behalf of the State of Karnataka, is taken on record.

6. We hereby direct, that the Principal Secretary, Home
Department, Government of Karnataka, and the Additional Director General of
Police (Recruitment), Karnataka shall be responsible for filling up all the
vacancies, in the manner indicated to this Court on behalf of the State
Government, by strictly adhering to the time lines.

State of Tamil Nadu

1. Mr. V. Sampath, Joint Secretary, Department of Home, Government
of Tamil Nadu, and Mr. Sanjay Arora, Additional Director General of Police,
are present in Court in person, to assist this Court about the manner by
which direct recruitment will be made, to fill up vacancies of different
ranks in the police department.

2. In the cadre of Sub-Inspectors (Taluk), we are informed, that
as against the sanctioned strength of 8151 posts, 6398 sub-inspectors are
in position. It is submitted, that the vacancies in the said cadre as on
1.1.2017, were 1753. Out of the above vacancies, it is pointed out, that
the process of selection of 1026 Sub-Inspectors (Taluk) has been completed,
and their training is in progress. It is submitted, that the above-
mentioned trainees are likely to be issued appointment orders shortly, on
the conclusion of their training, whereupon, they are expected to join the
police force, by 1.10.2017. It is submitted, that the remaining 720
vacancies in the cadre of Sub-Inspectors (Taluk) will be initiated and
completed, within four months from today.

3. Insofar as the cadre of Sub-Inspector (Armed Reserve) is
concerned, it is pointed out, that it has a sanctioned strength of 1209
posts, out of which 1099 personnel are in position. As such, there are
only 110 vacancies of Sub-Inspectors (Armed Reserve), which remain to be
filled up. It is submitted, that the above posts are to be filled up by
way of promotion, and the process of promotion to the above 110 vacancies,
shall be completed, and appointment orders will be issued, within four
months from today.

4. Insofar as the cadre of Sub-Inspector (Tamil Nadu Special
Police) is concerned, it has a sanctioned strength of 477, out of which 400
personnel are in position. It is pointed out, that the remaining 77
vacancies in the cadre of Sub-Inspector (Tamil Nadu Special Police) are to
be filled up by way of promotion, and the process of promotion to the above
77 vacancies will be completed, and appointments will be made, within five
months from today.

5. Insofar as the cadre of Constables is concerned, it is
submitted, that there is a sanctioned strength of 1,09,694 posts, out of
which 92,105 personnel are in position. As against the remaining 17,589
vacancies, the Tamil Nadu Uniformed Services Recruitment Board has already
issued an advertisement notifying 13,183 vacancies of Grade-II Police
Constables (Armed Reserve and Tamil Nadu Special Police) on 23.01.2017. It
is pointed out, that the provisional selection list, will be issued
positively by August, 2017, whereafter, after abiding by the verification
process, orders of appointment will be issued in November, 2017, requiring
the selected candidates to undergo training for a period of eight months.

6. It is submitted, that the entire balance vacancies, including
such vacancies which may arise in the interregnum, will be taken up, as
soon as the provisional list, for the existing process of selection is
published, in August, 2017. It is affirmed, that the Tamil Nadu Uniformed
Services Recruitment Board, will fill up all the remaining vacancies, in
the cadre of Constables of Police, within a period of eight months of the
issuance of the advertisement. In the above view of the matter, it is
expressly undertaken, that all the balance vacancies in the cadre of
constables, will be filled up by April, 2018.

7. The aforesaid factual position brought to the notice of this
Court, is taken on record. The Director General of Police, who is also the
Chairman of the Tamil Nadu Uniformed Services Recruitment Board, shall be
personally responsible for complying with the undertaking given to this
Court.

States of West Bengal, Bihar and Jharkhand

Even though, we had taken up for consideration the matter
relating to filling up of vacancies in the police force for the States of
West Bengal, Bihar and Jharkhand, we refrain ourselves from passing any
final orders, in respect of the above States. Proceedings with reference
to the aforesaid three States, are accordingly deferred to 1.5.2017.

In addition to the above three States, the three States with
the next largest number of vacancies are:

Gujarat – 28580

Telangana – 17504

Rajasthan – 15731

We therefore hereby direct, the Home Secretaries of the
additional three States, referred to hereinabove, to assist this Court
personally, or to nominate an officer of the department, not below the rank
of Joint Secretary, to prepare a definite road map

for filling up the vacancies of police personnel.

Post for further consideration on 01.05.2017.

……………………..CJI
[JAGDISH SINGH KHEHAR]

NEW DELHI; ……………………….J.
APRIL 24, 2017. [Dr. D.Y. CHANDRACHUD]

ITEM NO.37 COURT NO.1 SECTION PIL(W)

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Writ Petition(s)(Civil) No(s). 183/2013

MANISH KUMAR Petitioner(s)

VERSUS

UNION OF INDIA AND ORS. Respondent(s)
(with appln. (s) for exemption from filing O.T. and extension of time)

Date : 24/04/2017 This petition was called on for hearing today.

CORAM :
HON’BLE THE CHIEF JUSTICE
HON’BLE DR. JUSTICE D.Y. CHANDRACHUD

For Petitioner(s) Mr. Manish Kumar, in person

For Respondent(s) Mr. Maninder Singh, ASG
Mr. Ajay Kumar Singh, Adv.
Ms. Sushma Manchanda, Adv.
Mr. Abshishek Atrey, Adv.
Mr. S.Wasim A. Qadri, Adv.
Mr. Sudhir Walia, Adv.
for Mr. M.K. Maroria, AOR

Ms. Sunita Sharma, Adv.
Mr. R.R. Rajesh, Adv.
for Mr. Raj Bahadur, AOR

Mr. Ravi Prakash Mehrotra,Adv.
Mr. Aviral Saxena, Adv.
Mr. Vibhu Tiwari, Adv.

Mr. Subramonium Prasad, Sr. Adv.
Mr. M. Yogesh Kanna, Adv.
Ms. Nithya , Adv.
Mrs. Maha Lakshmi, Adv.
Mr. Partha Sarathi, Adv.

Mr. Tapesh Kumar Singh, Adv.
Mr. Kumar Anurag Singh, Adv.
Mr. Mohd. Waquas, Adv.
Mr. Aditya Pratap Singh, Adv.

Mr. Rudreshwar Singh, Adv.
Mr. Gautam Singh, Adv.
Ms. Isha Singh, Adv.
for Mr. Samir Ali Khan, AOR

Mr. A.K. Ganguli, Sr. Adv.
Mr. Raja Chatterjee, Adv.
Mr. Kunal Chatterjee, Adv.
Mr. C.K. Ganguli, Adv.

Mr. V.N. Raghupathy, Adv.

Mr. Shuvodeep Roy, Adv.

Ms. Jesal Wahi, Adv.
for Ms. Hemantika Wahi, Adv.

Mr. Mrityunjai Singh, Adv.
for Mr. S. Udaya Kumar Sagar, AOR

Mr. Shiv Mangal Sharma, AAG
Mr. Arjun Singh, Adv.
for Mr. Milind Kumar,AOR

Mr. Guntur Prabhakar,Adv.

Ms.Aruna Mathur, Adv.
for M/s Arputham Aruna & Co.

Mr. Ranjan Mukherjee,Adv.

Mr. V. G. Pragasam,Adv.

Mr. Sapam Biswajit Meitei, adv.
Mr. Naresh Kumar Gaur, Adv.
for Mr. Ashok Kumar Singh,AOR

Mr. D.K. Thakur, AAG
for Mr. Varinder Kumar Sharma,AOR

Ms. Bansuri Swaraj, Adv.
for Mr. C.D. Singh, AOR

Mr. M. Shoeb Alam, Adv.
Ms. Fauzia Shakil, Adv.
Mr. Ujjwal Singh, Adv.

Mr. Pragyan, Adv.
Mr. Shikhar Garg, Adv.
Mr. Ganesh Bapu, Adv.
for Mr. P. V. Yogeswaran,AOR

Mr. Sanchar Anand, AAG
Mr. Apoorv Singhal, Adv.
Mr. Anant K. Vatsya, Adv.
Mr. Narsingh N. Rai, Adv.
for Mr. Kuldip Singh,Adv.

Mr. Rajiv Nanda,Adv.

Mr. Sudarshan Singh Rawat,Adv.

Mr. Anil Grover, AAG
Ms. Noopur Singhal, Adv.
Mr. Satish Kumar, Adv.
Mr. Sandeep Yadav, Adv.
Mr. Sanjay Kumar Visen,Adv.

Mr. Mishra Saurabh,Adv.

Ms. G. Indira,Adv.

Mr. Shishir Deshpande,Adv.
Ms. Rushira gupta, Adv.
Mr. Salvador Santosh Rebello, Adv.
Mr. Anurag Sharma, Adv.

Ms. K. Enatoli Sema,Adv.

Mr. Krishnayan Sen,Adv.
Ms. Asiya Khan, Adv.
Mr. Uddyam Mukherjee, Adv.

UPON hearing the counsel the Court made the following
O R D E R

The filling up of vacancies in the police force in the States
of Uttar Pradesh, Karnataka and Tamil Nadu be dealt with, in the manner
indicated in the signed order.
Even though, we had taken up for consideration the matter
relating to filling up of vacancies in the police force for the States of
West Bengal, Bihar and Jharkhand, but we refrain ourselves from passing any
final orders, in respect of the above States. Proceedings with reference
to the aforesaid three States, are accordingly deferred to 1.5.2017.

In addition to the above three States, the three States with
the next largest number of vacancies are:

Gujarat – 28580

Telangana – 17504

Rajasthan – 15731

for filling up the vacancies of police personnel.

Post for further consideration on 01.05.2017.
(Renuka Sadana) (Parveen Kumar)
Assistant Registrar AR-cum-PS
[signed order is placed on the file]

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