Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Recruitment/Selection |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Police Act, 1861 (5 of 1861) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Recruitment/Selection – Process of ‘scaling of marks’ or ‘normalization’ adopted in selection of candidates for the State Police Force – Correctness of – Appropriate stage for application of normalization – Held: On facts, more than 6.3 lakh applicants had submitted online application forms whose candidature was tested in written examinations held in 29 different batches over 12 days – There was variability on account of the fact that the candidates were tested on different dates over 12 days through different sets of question papers – The Uttar Pradesh Police Recruitment and Promotion Board could not possibly have gone ahead with examination for 29 different batches with the same type of questions as the subsequent batches would then have had advantage of having seen the pattern of questions put to the earlier batches – Thus, though the subjects were same, the question papers would necessarily be different in terms of quality and approach – In a situation such as that the “Scaling of Marks” had to be adopted and that would always be the correct approach – Exercise undertaken by the Board in adopting the process of normalization at the initial stage, that is to say, at the level of Rule 15(b) of Recruitment Rules was quite consistent with the requirements of law – Power exercised by the Board was well within its jurisdiction and there were no allegations of mala fides or absence of bona fides at any juncture of the process – Also, decisions made by expert bodies, including the Public Services Commissions, should not be lightly interfered with, unless instances of arbitrary and mala fide exercise of power are made out – The U.P. Sub Inspector and Inspector (Civil Police) Service (First Amendment) Rules, 2015 – Uttar Pradesh Sub-Inspectors and Inspectors (Civil Police) Service Rules, 2008 – Rule 15(b) and 15(e) – Police Act, 1861.Service Law: Recruitment/Selection – Adoption of process of ‘scaling of marks’ or ‘normalization’ – When appropriate – Discussed. Administrative Law: Expert body – Held: Decisions made by expert bodies, including the Public Services Commissions, should not be lightly interfered with, unless instances of arbitrary and mala fide exercise of power are made out. Interpretation of Statutes: Same expression appearing at different places in a statute – Rule of construction – Held: It is the context which must determine whether the same expression occurring at two different places must be considered differently or in the same light. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2022 INSC 24 |
Petitioner | State Of Uttar Pradesh & Ors. |
Respondent | Atul Kumar Dwivedi & Ors |
SCR | [2022] 1 S.C.R. 28 |
Judgement Date | 2022-01-07 |
Case Number | 228 |
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