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TMI Blog2015 (5) TMI 1148X X X X Extracts X X X X X X X X Extracts X X X X ..... for recruitment of departmental candidates to the posts of Sub-inspectors in the State, both by direct recruitment and by promotion of Constables and head Constables. In continuation of the order dated 23.01.1999, another Government Order was issued on 3.02.1999, according to which all the vacancies of Sub-inspectors till 31.12.1999 were to be filled up. On 27.02.1999, the Government of Uttar Pradesh issued another Order which superseded the earlier Order dated 23.01.1999. The 27.02.1999 order provided a complete pattern of the examination and process of selection and promotion. As per the new pattern the promotion process was to be conducted in three steps: (1) The preliminary written examination and infantry test/physical test; (2) Main written Examination; and (3) Interview. Candidates who qualified the preliminary examination and IT/PT were eligible to appear in the main written examination. As per the existing rules in 1999, 50% of total vacancies were to be filled up by promotion of persons serving as Constables and Head Constables and the remaining 50% vacancies were to be filled up by direct recruitment. It appears that at the time the selection process began, there were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wed the petition and directed the State to conduct fresh interview for the 1176 vacancies of the rank of Sub-Inspectors. The Division Bench of the Allahabad High Court allowed the appeal filed by the State Government, thus, reversing the judgment of the learned Single Judge. The Division Bench directed the State to appoint the candidates who were selected after the interview already held, for the rank of Sub-Inspectors. The learned Single Judge decision weighed on the following points: There was substantial departure from the Police Regulations as amended upto 1977 in the entire process of selection and promotion. The number of candidates called for interview was much higher than the required four times the number of vacancies available. The four time the vacancies rule is found in paragraph 445 of Uttar Pradesh Police Regulations, 1976. The sealed cover procedure was not followed for the candidates against whom any disciplinary or criminal proceedings are pending. The names of such persons were also displayed on the tentative list of selected candidates. The members of the Interview committee who conducted the interviews did not give separate marks individually but a single coll ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion from rank of Constable and Head Constables to Sub Inspectors. The procedure therein consists of Notice, pre-examination (essay type written exam), examination of character roll, main written examination and finally interview. The Regulation provides that the number of candidates called for interview, on the basis of the merit of the main written examination, shall be four times the number of vacancies. In the interview, 40% marks are to be allocated to the service record. It has been submitted and clarified to us that these regulations are actually a compilation of Government Orders issued from time to time. Therefore, we find that the Regulations are not a superior law as compared to the Government Orders and it may be amiss to suggest that Regulations would prevail over the Government Orders by virtue of being called Regulations. Having said that, we go on to examine the Government Orders issued by the UP Government in 1999. Government Order dated 23.01.1999 is worded as "His Excellency the Governor hereby orders to adopt the following procedures for selection of departmental candidates as Sub Inspectors, Civil Police of UP Police." The said Order provides for preliminary e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sing all these government orders and regulations, we find that the procedure for selection of departmental candidates for the promotion to the rank of Sub-inspectors was changed and was amended by every Government Order. Learned counsel appearing for the appellants cited the case of State of Rajasthan and Ors. Vs. Basant Agrotech (India) Limited, (2013) 15 SCC 1, contending the scope of delegated legislation vis-à-vis parent legislation. However, in the present case, as already mentioned, the regulations cannot be said to prevail over the Government orders. Thus, the above cited judgment is not relevant for our purpose, because Regulations are merely compilation of previous G.Os. Herein, the argument of implied repeal has been forwarded. It is contended by the learned counsel for the State that the prior Government Order was impliedly repealed every time the new procedure was laid down. To examine this argument, it will be expedient to set out the relevant clauses from Regulation 445 and the Government Order dated 27.02.1999. Regulation 445(B)(4) reads as follows: "About 4 time candidates to the number of vacancies, in the marker cadet should be called for interview accordin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in that list. Thus, we find this argument as a misplaced one. Moreover, we would concur with the Division Bench on one more point that the appellants had participated in the process of interview and not challenged it till the results were declared. There was a gap of almost four months between the interview and declaration of result. However, the appellants did not challenge it at that time. Thus, it appears that only when the appellants found themselves to be unsuccessful, they challenged the interview. This cannot be allowed. The candidates cannot approbate and reprobate at the same time. Either the candidates should not have participated in the interview and challenged the procedure or they should have challenged immediately after the interviews were conducted. (See Vijendra Kumar Verma Vs. Public Service Commission, Uttarakhand and Ors., (2011) 1 SCC 150, and K.H. Siraz Vs. High Court of Kerala and Ors. (2006) 6 SCC 395) Further, in our view, the Division Bench has correctly dealt with the issue of sealed cover procedure. The process of sealed cover procedure was devised to prevent any prejudice being caused to the persons against whom the disciplinary or criminal proceedings ..... X X X X Extracts X X X X X X X X Extracts X X X X
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