HC upholds copsí selection, quashes UP govtís appeal

The Mayawati government received a setback on Wednesday when the Allahabad High Court dismissed its appeal against the December 8, 2008 order of a single-judge Bench, which had quashed the government order cancelling the recruitment of 20,000 constables done during the Mulayam Singh Yadav regime.

Upholding the December order, the Division Bench consisting of Justice Janardan Sahai and Justice Rakesh Sharma ruled, "There is no illegality in the judgment of the learned judge."

The court, however, left the option of segregating the tainted and untainted constables open with the state government, if it thought certain irregularities were committed in the selection procedure.

Counsel for respondent constables Vijay Gautam said now the government has to decide how to reinstate the constables.

The chief standing counsel of the UP government, MC Chaturvedi, claimed that the court has accepted irregularities were committed in the recruitment process and has asked the state government to segregate the candidates, whose selection was not in order and take action against them.

"I have informed the state government regarding the decision and it is up to it to decide the course of action", said Chaturvedi.

Soon after the decision, hundreds of dismissed constables, who assembled near the High Court, held a procession welcoming the victory of the truth.

In his December order, Justice D P Gupta had noted that the inquiry committee headed by Additional DGP Shailaja Kant Mishra, on the basis of whose report the selection was cancelled, was not legally constituted. The judge also passed strictures on the functioning of the committee.

It also observed that the committee found only a few cases of alleged irregularities, which could not be the basis for canceling the entire recruitment process.

Further, while the constables were dismissed, no action was taken against the officials who committed the alleged irregularities, the single-judge Bench had said.

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