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2013 DIGILAW 1181 (SC)

STATE OF UTTAR PRADESH v. RANVIJAI PRATAP SINGH

2013-10-07

DIPAK MISRA, GYAN SUDHA MISRA

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ORDER : 1. Delay condoned. 2. Leave granted. 3. Having heard the counsel for the parties at some length, we have noticed that the appellants in Special Appeal No. 577 of 2012 pending in the High Court of Judicature at Allahabad, Lucknow Bench, belong to the category of unsuccessful candidates and obviously their right to get selected and thereafter trained and posted will get approved only when they finally succeed in the Special Appeal pending in the High Court at Lucknow Bench. 4. However, during pendency of the appeal, the High Court has passed a blanket order of stay directing that the police personnels who have already received training for promotion on the post of Sub-Inspectors in respect of old vacancies and are awaiting their postings on those posts, shall remain stayed and the matter has been listed for final disposal. 5. This order of stay seems to have been passed on the assumption that the said promotions have been made without following the changed rules/amended rules in respect of the old vacancies. 6. From the aforesaid position, it is clear that the respondents herein will acquire the right to contest the promotions only if they finally succeed in the appeal pending before the High Court and in the event of their success, the Court will not be precluded from passing any appropriate order at the relevant stage when the matter is finally decided. 7. In the interregnum we see no justification to forestall the promotions and postings of the police personnels who have already been declared successful and have also undergone the training for promotion to the post of Sub-Inspectors. 8. We, therefore, set aside the order of the High Court granting interim stay in regard to the postings of the successful candidates on the posts of Sub-Inspectors. However, it is made clear that all such officers who have succeeded and received training, their promotions and postings shall be subject to the result of the Special Appeal No.577 of 2012 pending before the High Court, in case, they succeed in establishing that the examination conducted for the promotions were not in accordance with the Rules and any malpractice had been adopted in conducting the examination. 9. 9. In fact, learned Single Judge had also observed that the unsuccessful candidates who were not before the Court in the Writ Petition shall have no right to the benefit or order passed by the learned Single Judge against which the unsuccessful candidates went up in appeal before the High Court. Since the matter is sub judice, we express no opinion on the correctness of the observation made by the learned Single Judge. But for the time being, since the unsuccessful candidates have not succeeded before the Single Judge and the matter is sub judice before the Division Bench, we find no justification to sustain the order of stay passed by the Division Bench of the High Court. 10. Since the appeal has been admitted by the High Court at the instance of the unsuccessful candidates, we would request the High Court to grant priority to disposal of the appeal which is pending before the Division Bench preferably within six months from the date of receipt/production of a copy of this order. 11. The appeal be accordingly treated as allowed.