recruitment of 1701 posts of Police Constables (Civil) (Women) instead of 2749 posts
POLICE – Recruitments – Notification
issued by the Andhra Pradesh State Level Police Recruitment Board for
recruitment of Police Constables (Civil) (Women) posts in 3rd phase
– Errors noticed in the number of vacancies reported to the Government and
notified by the A.P.S.L.P.R.B. – Notification of correct number of 1701 posts
in the Recruitment to rectify the error in the Notification issued – Orders –
Issued.
* * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * * * * * * ** * * * * *
FINANCE (SMPC-I) DEPARTMENT
G.O.Ms.No.293
Dated: 23.10.2013.
ORDER:
In the reference first read above,
Government have accorded permission for creation and filling-up of certain
posts in the Police Department, through the A.P. State Level Police Recruitment
Board, Hyderabad.
2.
In the reference second read above, the Director General of Police, Andhra
Pradesh, Hyderabad, has stated that a proposal was submitted to Government, to
accord clearance from the Finance (SMPC.I) Department, to take up the
recruitment by the Chairman, Andhra Pradesh State Level Police Recruitment Board
for the following posts of 17,466 Police
Constables [PCs] [Civil/AR/APSP] and 1866 S.Is [Civil/AR/APSP].
Sl.No.
|
Category
|
Number
of Vacancies
|
1.
|
Sub-Inspector
(Civil ) ( men)
|
1234
|
2.
|
Sub-Inspector
(Civil) ( Women)
|
230
|
3.
|
Reserve
Sub-Inspector (RSI) (AR)
|
314
|
4.
|
Reserve
Sub-Inspector (RSI) (APSP)
|
88
|
Total
|
1866
|
|
1.
|
Police
Constable (Civil) (Men)
|
8413
|
2.
|
Police
Constable (Civil ) (Women)
|
3055
|
3.
|
Police Constable
(AR) (Men)
|
3327
|
4.
|
Police
Constable (AR) (Women)
|
15
|
5.
|
Police
Constable (APSP)
|
2656
|
Total
|
17466
|
3. In
the reference third read above, the Finance (SMPC-I) Department has authorized
the Chairman, A.P.S.L.P.R.B., Hyderabad to conduct recruitments to the above
posts in the Police Department.
4.
Accordingly in the reference fourth &
fifth read above, the Chairman, A.P. State Level Police Recruitment Board,
Hyderabad, has issued notification for the direct recruitments
of 2976 PCs (Civil) (Women) and 94 PCs (AR) (Women) including other posts vide
their notification dt. 31.10. 2011, out of which, 227 vacancies of PCs (Civil)
(Women) are filled up and 2749 PCs (Civil) (Women) and 94 PCs (AR)(Women) are
unfilled. Again the Chairman, APSLPRB, Hyd., has issued limited notifications
for the unfilled vacancies of 2749 PCs (Civil)(Women) and 94 PCs (AR) (Women)
vide their notification dt.31.12. 2012.
5. The
Director General of Police, A.P., Hyderabad, in his letter sixth read above has
brought to the notice of the Government that certain errors have taken place in
reporting the vacancies for direct recruitment based on which a notification
was already issued by the A.P. State Level Police Recruitment Board and has
stated that the vacancies in respect of Police Constables (Women) have been calculated
for the third phase as 3070 (3055 PCs (Civil) + 15 PCs (AR)) (including new
sanctions and existing vacancies) as follows:
PC (Women) (Civil) vacancies: New posts
of PCs + Promotional posts of HC and ASI posts + (SI+Insp) 30% of promotional
posts + Existing vacancies.
After reconciliation of strength
particulars and vacancy position from the Units, it is verified and observed
that the vacancy position of PCs (Women) have been shown excess due to wrong
calculation and already there is excess strength of Women PCs, and the
vacancies of PCs (Women) have come to 1701 posts only.
6. In view of the above, the Director General of
Police, A.P., Hyderabad, has requested the Govt. to take up the matter with the
Finance Dept., and to give clearance to the Chairman, A.P.S.L.P.R.B. Hyderabad,
to take up the recruitment for 1701 posts of PCs (Civil) (Women) only in place
of the 2749 posts of PCs (Civil) (Women) already notified in the limited
recruitments vide Notification No.837/R&T/Rectt.2/2012, dated 31.12.2012. A
supplementary notification needs to be issued thereafter before the conduct of
written examinations which are slated on 19.05.2013.
7. The
matter has been examined in the light of various orders issued by the Hon’ble
Supreme Court of India as detailed below:
“The Hon’ble Supreme Court, in Prem Singh and
others Vs.Haryana State Electricity Board and others, (1996 Scale 354) held that::
“The State can deviate from the advertisements and make appointments on posts
falling vacant thereafter in exceptional circumstances only or in an emergency
situation and that too by taking a policy decision in that behalf.”
Further the Hon’ble Supreme Court of India in
Jitendra Kumar and others Vs. State of Haryana and another [2008 (2) SCC 161)
held that,
“We also do not see any reason to interfere with
the impunged Notification dt. 13.05.2005, What would be the need of the State
and how an administration shall be run is within the exclusive domain of the
State. The power of judicial review in such matter is very limited.
The Superior Judiciary ordinarily would not
interfere in a matter involving policy decisions. We do not mean to say that
the policy decision of the State is beyond the realm of judicial review.
However, power of judicial review can be exercised only on the basis of known legal
principles.”
The Supreme Court of India further held in Food
Corpn. Of India Vs. Banu Lodh reported in (2005) 3 SCC 618, “this Court held:
(SCCp.629 para 14), “14. Merely because vacancies are notified, the State is not
obliged to fill up all the vacancies unless there is some provision to the
contrary in the applicable rules. However there is no doubt that the decision
not to fill -up the vacancies has to be taken bonafide and must pass the test
of reasonableness so as to not to fail on the touch stone of Article 14 of the
Constitution. Again if the vacancies are proposed to be filled, then the State
is obliged to fill them in accordance with merit from the list of the selected
candidates. Whether to fill up or not to fill up a post, is a policy decision,
and unless it is infected with the vice of arbitrariness, there is no scope for
interference in judicial review.”
8.
After examining the report of the Director General of Police, Government has
arrived at the conclusion that an error has taken place in reporting the vacancies
meant for direct recruitment and consequently vacancies have been reported in
excess of cadre strength and the quota meant for direct recruitment to the
category of PCs. (Civil/AR) (Women), and considered it necessary to rectify the
error in order to ensure recruitment only to the extent of vacancies available
as per the sanctioned strength and the quota meant for direct recruitment as
per Service Rules.
9. Government after careful examination of the
matter duly considering the judgments of the Hon’ble Supreme Court of India in
the matter as mentioned in para 7 above, in partial modification of the
permission accorded in this department’s D.O. Letter third read above, hereby
accord permission to the Chairman, Andhra Pradesh State Level Police
Recruitment Board, Hyderabad, to conduct recruitment only to 1701 posts of Police
Constables (Civil) (Women) instead of 2749 posts of Police Constables (Civil)
(Women) already notified vide
Notification dt. 31.12.2012, [the results of which are yet to be announced],
due to the wrong calculation in respect of vacant posts by relaxing para 2
(VII) of G.O.Ms.No. 424, General Administration (Services-A) Department, dt.
15.06.2007.
10. Accordingly,
the Chairman. Andhra Pradesh State Level Police Recruitment Board, Hyderabad,
shall take up the recruitment of 1701 posts of Police Constables (Civil)
(Women) instead of 2749 posts of Police Constables (Civil) (Women) and he shall
issue a supplementary notification duly obtaining the information regarding the
revised roster points as per the rule of reservation and the presidential orders
for each zone, before the announcement of results and process the examinations
results thereafter.
11. The
Director General of Police, Andhra Pradesh, Hyderabad and the Chairman, Andhra
Pradesh State Level Police Recruitment Board, Hyderabad are requested to
initiate further necessary action in the matter accordingly.
[BY ORDER AND IN THE NAME OF THE GOVERNOR
OF ANDHRA PRADESH]
Dr. P.V.
RAMESH PRINCIPAL SECRETARY TO GOVERNMENT (R&E)
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