Plea against special exam to recruit cops dismissed
Wednesday April 25, 2012 07:57:54 PM,
IANS
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New Delhi: The Delhi
High Court Wednesday dismissed an NGO's petition challenging the
government's decision to recruit an additional 1,400 Indian Police
Service (IPS) officers through a special examination and refused
to interfere with a policy decision.
A division bench of Acting Chief Justice A.K. Sikri and Justice
Rajiv Sahai Endlaw dismissed the petition filed by NGO Zakat
Foundation of India and said: "Once a policy decision is taken
based on expert advice and all the aspects are thrashed out, it
cannot be treated as without application of mind or arbitrary.
Such functions are best left for the executive and courts should
not interfere with the same."
The petition alleged that despite objections from the Union Public
Service Commission (UPSC), which holds civil services examinations
for recruiting IPS officers, the union home ministry had decided
to conduct a "limited competitive examination" (LCE) annually for
appointing police officers.
Opting not to comment on the newly introduced method of recruiting
IPS officers, the court said: "The court cannot comment as to
whether the system introduced now is impeccable or there could be
better alternatives."
The NGO said the LCE would be held annually and those people who
have served for five years or more as major or captain-level
officers in the armed forces, or as deputy superintendent of
police in a state/union territory, or as assistant commandant in
any central police organisation shall be eligible to apply.
The petition said the central government had decided that in
addition to the normal annual intake of new officers in IPS, an
additional 70 IPS officers shall be freshly recruited every year
over the next seven years, beginning 2012, and such recruitment
will be done through the LCE.
The government had earlier shown an emergent need to deploy
trained personnel. The UPSC had initially suggested that it could
recruit the additional candidates (70 per year) through its
regular civil services examination by increasing its IPS
vacancies.
"As per the government, it lacks the infrastructure to train a
batch of 200 IPS recruits and, therefore, the initial suggestion
of the UPSC was not viable. The matter was ultimately discussed at
all levels and the UPSC and ministry of law have fallen in line,"
the court said, accepting the government's contentions.
Referring to the Justice (retd) Rajindar Sachar Committee on
social, economic and educational status of the Muslim community,
the NGO said that there were not more than 2.5 percent Muslims in
the civil services, including the IPS.
All the minorities taken together constituted seven percent in the
civil services while the total share of minorities in the national
population was 19 percent, said the petitioner.
The petitioner said through the LCE, the number of Muslims
recruited as IPS officers will be very low.
The proposed exam violated the constitutional right to equality of
opportunity in public employment guaranteed in Article 16 of the
constitution, said the NGO.
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