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Smart Summary

Factual and Procedural Background

The appeals arise out of the recruitment process for Police Constables in the State of Uttar Pradesh. A set of candidates—including the present appellants—were accused of having altered their answer sheets through the use of “whitener/blade/eraser, etc.” Their situation had earlier been considered by the Supreme Court, together with similarly-situated Sub-Inspector candidates, in Hanuman Dutt Shukla v. State of U.P. (2018) 16 SCC 447 (judgment dated 19-1-2016). Following that decision, the Allahabad High Court (2017 SCC OnLine All 2644) allowed the present group to submit representations; those representations were later rejected. Several candidates have since filed writ petitions challenging the rejection orders, and those petitions are presently pending before the High Court. The instant appeals were therefore brought to the Supreme Court while the High Court proceedings remained unresolved.

Legal Issues Presented

  1. Whether the benefit of the Supreme Court’s judgment in Hanuman Dutt Shukla—already implemented for Sub-Inspector candidates—ought to be extended to Police Constable candidates who were alleged to have tampered with their answer sheets.
  2. What course of action the Supreme Court should adopt in light of the pending writ petitions before the Allahabad High Court on the same question.

Arguments of the Parties

Appellants’ Arguments

  • The Supreme Court’s decision in Hanuman Dutt Shukla “crystallised” their rights, entitling them to the same relief already granted to Sub-Inspector candidates.
  • Because the judgment has been implemented “in letter and spirit” for Sub-Inspectors, parity requires identical treatment for Police Constables.

State of Uttar Pradesh

The opinion does not detail specific arguments advanced by the respondent State.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Hanuman Dutt Shukla v. State of U.P. (2018) 16 SCC 447 Recognised the rights of candidates accused of answer-sheet tampering in a related selection process (Sub-Inspectors) and directed appropriate relief. Formed the basis of the appellants’ claim for similar treatment; however, the Court deferred consideration to the High Court.
2017 SCC OnLine All 2644 (Allahabad High Court) Permitted the present group of Police Constable candidates to submit representations regarding their grievances. Referenced to show that the High Court had already engaged with the issue and that writ petitions challenging the subsequent rejection orders are pending.

Court’s Reasoning and Analysis

After hearing the parties, the Supreme Court declined to examine the substantive claim that Police Constable candidates deserved the same relief granted in Hanuman Dutt Shukla. The pivotal consideration was that identical contentions are already before the Allahabad High Court in pending writ petitions. Recognising the High Court’s seisin of the matter, the Supreme Court found it inappropriate to adjudicate on merits at this stage. Instead, it opted to facilitate an expeditious resolution by the High Court, thereby avoiding parallel or conflicting determinations. The Court also preserved the right of similarly situated candidates who had not yet approached the High Court to do so, ensuring comprehensive adjudication in a single forum.

Holding and Implications

DISPOSED OF

The appeals were disposed of with two directions:

  • The Allahabad High Court is requested to decide the pending writ petitions concerning the selection of Police Constables accused of answer-sheet tampering “expeditiously and preferably within three months” from production of the Supreme Court’s judgment.
  • Candidates who have not yet invoked the High Court’s jurisdiction may file similar petitions, which the High Court should consider along with the existing batch.

Implication for the parties: the merits of their claims will now be determined by the High Court within a specified time-frame. No new substantive precedent was set by the Supreme Court; instead, it orchestrated procedural consolidation and expedition.

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    Ashish Kumar Yadav And Others v. State Of Uttar Pradesh And Others

    Kurian Joseph, J.— Delay condoned. Leave granted. The application(s) for impleadment is/are allowed.

    2. 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 v. State of U.P. (2018) 16 SCC 447 as per judgment dated 19-1-2016 in Civil Appeals Nos. 587-88 of 2016.

    3. It is the contention of the appellants that the benefit of the judgment of this Court was not extended in true spirit. The High Court permitted 2017 SCC OnLine All 2644 them to make representations. We are informed that the representations have been considered and rejected. 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.

    4. Heard Shri Salman Khurshid and Mrs Mahalaxmi Pavani, the learned Senior Counsel appearing for the appellants and Mr V. Shekhar, the learned Senior Counsel assisted by Mrs Aishwarya Bhati, learned Additional Advocate General for the State of Uttar Pradesh.

    5. It is the contention of the appellants that this Court, having crystallised their rights in the decision in Hanuman Dutt Shukla (2018) 16 SCC 447, 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.

    6. 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 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.

    7. Pending interlocutory applications, if any, stand disposed of.

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    Ashish Kumar Yadav And Others v. State Of Uttar Pradesh And Others
    (Apr 3, 2018)