Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2011 1954 and Amended Rules Indian Police Service (Recruitment) Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Transfer Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Indian Police Service (Recruitment) Rules, 1954 and AmendedRules, 2011– r.8 as amended – Union of India introduced LimitedCompetitive Examination (LCE) to make appointments to the IndianPolice Service (IPS) – Examination took place from 20.05.2012 to22.05.2012, however, results of the same were not declared –Thereafter, Union of India took the decision in 2018 to scrap theLCE held in the year 2012 – Whether the decision of Union ofIndia to cancel the selection process is legal or not – Held: Legaland valid – Decision to scrap the LCE was taken in larger publicinterest and it cannot be termed to be arbitrary, discriminatory orcapricious – The result of the said examination was expected to bedeclared in the year 2013 and the officers would have been sentfor training in the same year – The officers, who may have beenselected in the year 2013 at the upper age limit of 35 years or 36years would be 5 years older in year 2018 and their induction orrecruitment in the IPS would have been delayed by more than 5years – Government had fixed the upper age limit of 35 years andwith delay of more than 5 years the purpose for upper age limit,whatever it would have been, was defeated – If Union of India hadmade appointments, it would have led to a plethora of litigationwhere the persons recruited to the IPS between 2013 and 2018would have claimed seniority over the persons, who appeared inthe LCE – Litigation by officers against each other would haveachieved no higher purpose – LCE was introduced keeping in viewthe shortage of police officials in the IPS and to fill up thevacancies, however, the percentage of vacancies in last 5 yearshad fallen considerably, therefore, the decision of the Governmentto scrap LCE cannot be termed irrational – The induction through LCE was mainly limited to persons belonging to the State PoliceServices and Central Police Organization – The gain, in the IPS,would have been set off by a consequent shortage in the StatePolice Services and the Central Police Organization – The decisionto scrap the LCE is not mala fide and is a reasonable one in thefacts and circumstances of the case – Indian Police Service(Regulation of Seniority) Rules, 1988 – r.3 – Service Law.Service Law – Union of India introduced the LimitedCompetitive Examination (LCE) keeping in view the shortage ofpolice officials in the IPS – Examination took place from 20.05.2012to 22.05.2012, however, it was subsequently scrapped – Whetherthe petitioners have any vested right to claim declaration of resultsand appointment pursuant to selection – Held: It is well settled thatmerely because a person has been selected, does not give thatperson an indefeasible right of claiming appointment – In theinstant case, results have not been declared and even the selectionprocess was not complete – Petitioners had no enforceable right toclaim that the result should be declared or that they should beappointed if found meritorious. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2018 INSC 357 |
Petitioner | Lt. Cdr. M. Ramesh |
Respondent | Union Of India & Ors. |
SCR | [2018] 6 S.C.R. 763 |
Judgement Date | 2018-04-17 |
Case Number | 11 |
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