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2005 DIGILAW 116 (SC)

UPSC v. K. RAJAIAH

2005-01-18

P.P.NAOLEKAR, P.VENKATARAMA REDDI

body2005
ORDER 1. Having considered the arguments, we are of the prima facie view that the reason which weighed with the High Court in quashing the select list of IPS for the year 1999 relating to Andhra Pradesh State is not correct. It seems to us that the Annual Confidential Reports Parts I and II placed before the Selection Committee are comprehensive enough to furnish requisite material to judge the comparative merit and that the non-perusal of service register/record by itself has not vitiated the selection. Still the question that remains is whether the consideration was based on the relevant criteria as laid down in the Regulations, namely, the Indian Police Service (Appointment by c Promotion) Regulations, 1955 remains to be considered, especially in view of certain observations made by the High Court in support of the respondents plea on merits. Instead of remitting the matter to the High Court for fresh consideration, we deem it just and proper to settle the issue once and for all, especially, for the reason that the respondent-writ petitioner has retired from the State Police Service at the age of 58 years and if his claim is accepted, he would perhaps serve as an officer of IPS for a short time. 2. Though the broad stand taken by UPSC in the counter-affidavit filed before the Tribunal/High Court and also in the memorandum of SLP does not spell out the precise reason as to why the respondent who was graded outstanding for three years preceding the year under consideration was not selected, certain facts including inter alia the actual procedure that is being followed by UPSC to evaluate the candidates were projected in the course of arguments. Certain documents were placed before us for our perusal though th,ecopies were not served to the respondents counsel. 3. It is only fair and proper that UPSC files an additional affidavit elarifying the relevant aspects bearing on the non-selection of the respondent as per the extant procedure so that the respondent will be able to make out his base with reference to those aspects. 4. We, therefore, adjourn the matter. Two weeks time is granted to UPSC to file an affidavit and two weeks for the reply of the respondent. Post for hearing in the 1st week of March, 2005 on a non-miscellaneous day (as it was so listed earlier).