Pushpendra Singh and anr. Vs. State of U.P. and ors. - Court Judgment

SooperKanoon Citationsooperkanoon.com/491135
SubjectService
CourtAllahabad High Court
Decided OnJan-03-2002
Case NumberCivil Misc. Writ Petition Nos. 44946, 44973, 44975, 44801, 44883 and 44885 of 2001 and 55, 137, 141
JudgeYatindra Singh, J.
Reported in(2002)2UPLBEC426
AppellantPushpendra Singh and anr.
RespondentState of U.P. and ors.
Excerpt:
- land acquisition act, 1894 [c.a. no. 1/1894]. section 4; [sushil harkauli, s.k. singh & krishna murari, jj] acquisition of land held, court cannot issue a writ of mandamus directing the state authorities to acquire a particular land. land acquisition is not purely ministerial act to be performed by executive no direction in nature of mandamus whether interim or final can be issued by court under article 226 necessarily to acquire particular land in public interest. land acquisition is not a purely ministerial act to be performed by the executive and therefore, no mandamus can be issued by the court in exercise of its power under article 226 of the constitution, whether suo motu or otherwise, whether in public interest litigation or otherwise directing acquisition of land under.....yatindra singh, j.1. state of u.p. is holding selection for direct appointment on the post of sub-inspector and platoon commander in pac. in this selection initially a preliminary examination is held. selected candidates have to appear in a physical test and those who qualified have to appear in a written examination and then in the interview. the first two stages are admittedly over. the preliminary examination and physical test have already been held. now written examination is to be held in different zones on 6th january, 2002. according to the petitioners all of them have qualified in the preliminary examination. some of them allege that they could not appear in the physical test due to the fault of the respondents; some of them allege that they appeared and were successful yet they.....
Judgment:

Yatindra Singh, J.

1. State of U.P. is holding selection for direct appointment on the post of Sub-Inspector and Platoon Commander in PAC. In this selection initially a preliminary examination is held. Selected candidates have to appear in a physical test and those who qualified have to appear in a written examination and then in the interview. The first two stages are admittedly over. The preliminary examination and physical test have already been held. Now written examination is to be held in different zones on 6th January, 2002. According to the petitioners all of them have qualified in the preliminary examination. Some of them allege that they could not appear in the physical test due to the fault of the respondents; some of them allege that they appeared and were successful yet they were wrongly declared failed in the physical test, hence the present writ petitions.

2. I have heard Counsel for the petitioners and Standing Counsel for the respondents. In view of the shortage of time, the Standing Counsel after consulting the officials from the police headquarter have suggested a via media. In view of this following directions are given :

(i) Petitioner may file a representation before the Deputy Inspector General of Police (Establishment), Police Head Quarter, Allahabad (DIG) by 16th January, 2002. this representation may be given personally in the office of DIG. The respondent will also issue a receipt for the same.

(ii) The petitioners alongwith their representation will also annex a Photostat copy of the certified copy of this order; other necessary documents and a self addressed duly stamped envelope.

(iii) The DIG after taking the decision will inform the petitioners.

(iv) The petitioners will be permitted to appear provisionally in the written examination to be held in the zone in which the district from where they had appeared in the preliminary, test falls. The result of the petitioners would be subject to the decision taken by the DIG on the representation.

(v) This decision may be taken if possible before the interview is held.

Need less to add in case any representation is allowed the physical test may be taken again.

3. With these observations and directions, all the writ petitions are disposed of.