Indore News: High Court Issues Notice On Police Recruitment, Rules Over Cut-Off Marks
· Free Press Journal
Indore (Madhya Pradesh): The Indore Bench of the Madhya Pradesh High Court on Thursday issued notice to the State Government on a petition challenging provisions of the Madhya Pradesh Police Executive (Non-Gazetted) Service Recruitment Rules, 1997, relating to the declaration of cut-off marks at the preliminary examination stage.
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A Division Bench comprising Justice Vijay Kumar Shukla and Justice Alok Awasthi issued notice to the respondents and directed that service be effected within seven working days.
The petition was filed by Rahul Gurjar and others, who are aspirants for the post of executive (non-gazetted) in the police department. They questioned the constitutional validity of Rule 6(8) of the 1997 Rules, which provides that cut-off marks at the screening stage shall be declared only for vertical categories such as SC, ST, OBC, EWS and unreserved categories, and not separately for horizontal reservation categories, including departmental candidates and ex-servicemen.
Appearing for the petitioners, counsel argued that once reservation is extended to horizontal categories, separate cut-off marks ought to be prescribed for them as well. It was contended that the absence of separate cut-offs for horizontal categories renders the rule arbitrary and unconstitutional.
The court, however, noted that the petitioners counsel was unable to point out any statutory provision mandating separate cut-off marks for horizontal reservation categories. The Bench observed that horizontal reservation operates across vertical categories and that candidates must first secure the cut-off prescribed for their respective vertical category in the preliminary examination. The court further noted that reservation primarily applies at the stage of final appointment.
During the hearing, the petitioners relied on the example of sub-inspector recruitment in the Delhi Police, where separate cut-off marks were allegedly prescribed.
Indore News: State Bar Council Of MP Releases Election ScheduleThe Bench observed that the recruitment rules governing the Delhi Police selection were not placed on record. Nonetheless, considering the submission, the court deemed it appropriate to seek a response from the State Government.
The court declined to grant any interim relief and rejected the petitioners plea for a stay at this stage.