Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 3508 OF 2018
[@ SPECIAL LEAVE PETITION (C) NO. 8751 OF 2018]
[DIARY NO(S). 27742 OF 2017]
ASHISH KUMAR YADAV & ORS. Appellant(s)
VERSUS
THE STATE OF UTTAR PRADESH & ORS. Respondent(s)
WITH
CIVIL APPEAL NO. 3509 OF 2018
[@ SPECIAL LEAVE PETITION (C) NO. 8752 OF 2018]
[DIARY NO(S). 27974 OF 2017]
J U D G M E N T
KURIAN, J.
1. Delay condoned. Leave granted.
2. The application(s) for impleadment is/are
allowed.
3. These cases pertain to the selection to the post
of Police Constables in the State of Uttar Pradesh.
The appellants belong to the category of those
candidates who are alleged to have used
whitener/blade/eraser etc. Their case was also
considered along with the similarly situated
Sub-Inspector candidates by this Court in Hanuman
Dutt Shukla & Ors. Vs. State of Uttar Pradesh & Ors.
as per Judgment dated 19.01.2016 in Civil Appeal Nos.
Signature Not Verified
Digitally signed by
ASHA SUNDRIYAL
Date: 2018.06.22
10:55:01 IST
Reason:
587-588 of 2016.
4. It is the contention of the appellants that the
benefit of the Judgment of this Court was not
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extended in true spirit. The High Court permitted
them to make representations. We are informed that
the representations have been considered and
rejected.
5. We are also informed that the orders rejecting
the representations have been challenged before the
High Court of Allahabad by some of the candidates and
that those writ petitions are pending.
6. Heard Sh. Salman Khurshid and Mrs. Mahalaxmi
Pavani, learned senior counsel appearing for the
appellants and Mr. V. Shekhar, learned senior counsel
assisted by Mrs. Aishwarya Bhati, learned Additional
Advocate General for the State of Uttar Pradesh.
7. It is the contention of the appellants that this
Court, having crystalized their rights in the
decision in Hanuman Dutt Shukla (supra), and this
Court having implemented the Judgment in letter and
spirit in the case of Sub-Inspectors, the Police
Constables are also entitled to a similar treatment.
We do not think that we should go into that question
at this stage since the very same contention is
raised by the appellants before the High Court and
the High Court is seized of the matter.
8. Accordingly, these appeals are disposed of as
follows :-
i) We request the High Court to dispose of the writ
petitions in the matter of selection to the post of
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Police Constables from the candidates who are alleged
to have used whitener/blade/eraser etc. expeditiously
and preferably within three months from the date of
production of this Judgment.
ii) In the case of those similar candidates who have
not yet pursued the remedy before the High Court,
they are also free to do so, in which case, their
cases will also be considered by the High Court along
with the batch of cases which we have referred to
above.
9. Pending interlocutory applications, if any, stand
disposed of.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ MOHAN M. SHANTANAGOUDAR ]
.......................J.
[ NAVIN SINHA ]
New Delhi;
April 03, 2018.
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ITEM NO.7 COURT NO.5 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 27742/2017
(Arising out of impugned final judgment and order dated 15-02-2017
in WP No. 6374/2017 passed by the High Court Of Judicature At
Allahabad)
ASHISH KUMAR YADAV & ORS. Petitioner(s)
VERSUS
THE STATE OF UTTAR PRADESH & ORS. Respondent(s)
(FOR ADMISSION and I.R. and and IA No.88088/2017-EXEMPTION FROM
FILING O.T. and IA No.119276/2017-impleading party and IA
No.120007/2017-PERMISSION TO FILE ADDITIONAL DOCUMENTS and IA
No.120008/2017-EXEMPTION FROM FILING O.T. and IA
No.120212/2017-impleading party and IA No.125848/2017-impleading
party and IA No.4219/2018-impleading party)
WITH
Diary No(s). 27974/2017 (XI)
(FOR CONDONATION OF DELAY IN FILING ON IA 89220/2017
FOR EXEMPTION FROM FILING O.T. ON IA 89222/2017 and IA
No.131961/2017-impleading party and IA No.10238/2018-impleading
party)
Date : 03-04-2018 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
HON'BLE MR. JUSTICE NAVIN SINHA
Counsel for the
parties Mr. Salman Khurshid, Sr. Adv.
Mrs. Mahalaxmi Pavani, Sr. Adv.
Mr. Purushottam Sharma Tripathi, AOR
Mr. Mukesh Kumar Singh, Adv.
Mr. Ravi Chandra Prakash, Adv.
Mr. Tomy Chacko, Adv.
Mr. Rajiv Kumar, Adv.
Mr. Shantanu Jugtawat, Adv.
Ms. Vani Vyas, Adv.
Mr. Abhishek Tripathi, Adv.
Mr. Amit, Adv.
Mr. Lokendra Malik, Adv.
Ms. Kamana Singh, Adv.
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Mr. V. Shekhar, Sr. Adv.
Mr. Prithviraj Singh, Adv.
Ms. Stuti Naina Karwal, Adv.
Mr. Rajiv Dubey, Adv.
Mr. Shashank Shekhar, Adv.
Mr. Abhishek Sharma, Adv.
Ms. Aishwarya Bhati, AAG, UP
Mr. Ramjee Pandey, Adv.
Mr. Abhishek, Adv.
Mr. Susheel Tomar, Adv.
Mr. Balraj Dewan, AOR
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned. Leave granted.
The civil appeals are disposed of in terms of the signed
non-reportable Judgment.
Pending Interlocutory Applications, if any, stand disposed of.
(JAYANT KUMAR ARORA) (RENU DIWAN)
COURT MASTER ASSISTANT REGISTRAR
(Signed non-reportable Judgment is placed on the file)