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Judgement Analysis: Commissioner of police vs umesh kumar
A notice was published on 27th January 2013, in the newspaper for filling up 523 vacancies for the post of constable Male in the Delhi police. The break up of vacancies shows 262 to be unreserved, 142 for OBC candidates, 79 for scheduled castes candidates, and 40 for those belonging to the scheduled tribes The candidates appeared for a physical toleration and measurement test on 4th October 2013. Upon qualification, at the test, the candidates were given roll numbers for appearing in the written examination. Out of 50,422 candidates, 39,597 appeared in the written examination which was held on 8 March 2014. This examination was canceled by Delhi Police and a fresh written examination was held on 25th May 2014 which was canceled as well. Finally, a written examination was held on 16th November 2014 consisting of one objective - type multiple choice question paper of 100 marks. After an evaluation of the OMR sheets, a list of 514 provisionally selected candidates was declared on 13th July 2015. nine vacancies could not be filled up due to unavaialbitly of suitable candidates in the ex-servicemen category. The respondents were declared to be selected under the OBC category. During the period of scrutiny, it was found that a bonus mark had not been allocated to candidates whose height was measured at 178 centimeters or above at the time of the physical tolerance and measurement test candidates were entitled to an extra 3 bonus mark under the provisions.
The respondents to the present civil appeals were declared as selected from the OBC category in the revised result as well. The minimum qualification marks for the OBC candidate were 71.29004295. Umesh Kumar the respondent in the first of the two appeals secured 74.16991306 marks Satyendra Singh the respondent in the companion appeal secured 71.49891738 marks. In the note with the final list declared on 17th July 2015 all candidates were directed to report to DCP - recruitment cell new police lines, Kingsway camp Delhi for further "coal formalities" between 27th July 2015 and 31 July 2015
All candidates were directed to submit the attached form( F -36) for police verification and a medical form (F-37) for conducting a medical examination by Rules 24 and 25 of Delhi police (Appointment and Recruitment) Rules 1980 on the receipt of the satisfactory police verification and medical reports candidates were expected to issue a communication directing them to report at the Recruitment cell -NPL together with original documents.
The respondents submitted form F -36 for verification of character and predecessor and form F-37 for medical examination on 28th July 2015 medical board examined both of them and we're declared to he medically fit the verification of the characters and antecedents was also received in case of Umesh Kumar the medical examination was conducted by a medical board at Rao Tula Ram memorial hospital GNCT of Delhi on 20 August 2015 while the verification of characters and predecessors was held by Haryana Police on 23rd August 2015 and was received by recruitment cell in 8th September 2015 in case of Satyendra Singh the medical examination was held on 27th August 2015 by a medical board at guru Gobind Singh hospital.
On 21st March 2016, the respondents filed Q. A No 1146 of 2016 challenging their non-selection in the reviewed result declared on 22nd February 2016, before the tribunal. The OA was diminished on 15th September 2017 then a writ petition was filed by Umesh Kumar under Article 226 writ petition (C) no 10143 of 2017 in the Delhi high court which was allowed by a judgment order dated 6 December 2018. Followed by its decision in the case of mesh Kumar the Delhi high court also allowed the writ petition issued by Satyendra Singh writ petition No 13052 of 2018 by its judgment dated 19 December 2018 the directions that have been issued by the Delhi high court in the first two writ petition are in the given terms "For the reasons, we find no merits in the submission of Mr. Satyakand learned counsel for the respondents The petition is accordingly allowed and we direct the respondents to allow the petitioner to the post of the candidate, Delhi Police he shall be considered to have been appointed from the date of appointment with his other batch mates and his seniority shall be told accordingly on notional basis however he shall not be entitled to any balance of pay and allowances Compliances would be made in the next four weeks the company went petition has been allowed in the next four months.
In Rajesh Kumar justice TS Thakur, as the learned Chief Justice then it was dealt with the case where the model answer key and hence the process of evaluation of answer scripts by the Bihar staff selection commission have been found flawed.
The judgment delivered by the Delhi High Court on 6th December 2018 in a writ petition No 10143 of 2017 and 19 December 2018 in a writ petition the direction was contracted to law The respondents have participated in the selection process and upon the declaration of the reviewed result, it has started before the court that they have failed to secure marks above the cut-off for the OBC section to which they belong accordingly appeals were allowed and set aside the judgments of high court set aside the judgements of the high court dated on 6th December 2018 in a writ petition No 13052 of 2018 both the writ petition will stand dismissed.
Pending applications if any shall stand dismissed
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