1. Permission to file Special Leave Petitions is granted in S.L.P....CC No. 15861/2015 and SLP(C)...CC No. 16710/2015. Delay condoned.

2. Leave granted.

3. All the pending impleadment/intervention applications are rejected. However, four unregistered applications for intervention in S.L.P.(C)...CC No. 15861/2015 filed by Mr. Vikrant Singh Bais, Advocate-on-Record and two unregistered applications for intervention in S.L.P.(C)...CC No. 15861/2015 filed by Mr. S.R. Setia are also rejected with the observation that it is open for the High Court to decide the matter, which is reserved, on merits.

4. On 8.12.2015 learned Senior Counsel on behalf of the Appellants and the learned Advocate General on behalf of the State of U.P. were heard on merits.

5. After hearing them for some time on merits, the matters were adjourned to be listed on 12.01.2016 in view of the submission made by the learned Advocate General in answer to our query with regard to the vacancy position in respect of the Sub-Inspectors and Constables in the State of U.P. He took time to find out the correct position and also to come with certain concrete proposal to resolve the conflicting interests of the candidates and the writ Petitioners before the High Court of Judicature at Allahabad, who have participated in the Selection process.

6. In pursuant to the said observations of this Court, learned Advocate General, representing the Respondent - State of U.P., appeared before this Court and furnished the suggestions in writing to resolve the conflicting interests between the parties.

7. Insofar as the merit list of candidates participated in the selection process for the post of Sub-Inspectors are concerned, out of the list of 810 candidates, it is stated by the learned Advocate General, on instructions received from the Principal Secretary (Home), that 670 candidates can be taken on the post of Sub-Inspector (Civil Police), the remaining 140 candidates can be appointed on the post of Platoon Cadre (PAC), which post also is equivalent to the post of Sub-Inspector (Civil Police). Further, while giving appointment in the above manner from out of the select list, learned Advocate General has stated that there will be no right of seniority in the candidates already in the original seniority list and a separate/fresh merit list of 810 candidates will be prepared on the basis of marks obtained by them and they will be kept below the candidates in the original seniority list. Appointments out of such select list that would be drawn on the basis of the marks secured by each one of the candidate to the post of Civil Police/PAC in terms of the fresh merit list of 810 candidates will be drawn purely on the basis of merit and preference indicated by the applicants in their application forms at the time of submission. The State will select only 810 candidates, as per the list, who were originally in the merit list, but were not selected due to use of whitener/blade in the OMR sheets. No other candidate shall have any claim over such appointment. Further, the candidates so appointed to the post of Sub-Inspector (Civil Police) and on the post of Platoon Cadre (PAC) will be sent for training only after completion of training of already selected candidates as currently there is no vacancy in training centres to impart training to the newly appointed candidates to the aforesaid posts. The appointment shall be done as an exceptional and one-time measure, this will not be treated as a precedent for any other case.

8. As regards the selection of Constables, learned Advocate General stated that the State can accommodate only those candidates who could have been selected, had they not been excluded from the final result for having used whitener/blade in OMR sheets. For this purpose, Board will prepare Notional Result as per notified vacancies (41, 610), after including all candidates who had used whitener/blade. Thereafter, separate list of all such candidates will be prepared who have found place in notional result, but could not find place in the result declared on 16.07.2015. After preparation of separate list of all such candidates, State will take steps to accommodate them, out of which 2500 candidates can be appointed as Constables in PAC, 1000 candidates can be appointed as Constables in Fire Service and rest of the candidates can be appointed in Civil Police. A Separate list will be prepared on the basis of marks obtained by them and such candidates will be kept below the already selected candidates. State will appoint only those candidates who are in the fresh Notional Result to be prepared by the Board, who could not be selected due to use of whitener/blade. None other will have any claim to appointment. All new candidates will be sent for training after completion of training of already selected candidates, as there is no vacancy in training centres at present. Appointments will be done as an exceptional and one-time measure. This will not be treated as a precedent for any other case.

9. It is submitted by Mr. P.P. Rao, learned Senior Counsel and other learned Senior Counsel/learned Counsel appearing for the parties that as per the Recruitment Rules framed by the State Government to appoint the eligible candidates to the posts, referred to supra, there is no prohibition to disentitle a candidate from evaluating the answer sheets, who used whitener or blade in the relevant blocks in the OMR sheet (answer sheet). The said advisory note given by the Selection Board cannot be treated as a Rule to declare such candidates who have used whitener or blade in the relevant blocks in the OMR/answer sheet as ineligible for evaluating their answer sheets. This statement is in conformity with the Recruitment Rules and it would further support the stand taken by the learned Advocate General, representing the Respondent-State of U.P. in making submission on the basis of written suggestions. The appeals are disposed of in the aforesaid terms on the basis of the statement made by the learned Advocate General on the instructions received from the Principal Secretary (Home) and the legal submissions referred to supra.