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IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION(C) NO.183/2013

Manish Kumar ..Petitioner versus

Union of India and others ..Respondents

O R D E R

State of Uttar Pradesh 1. 11,376 vacant posts of Sub-Inspector of Police, are to be filled  up  by  way  of  direct  recruitment.   Mr.  Debasish  Panda, Principal Secretary (Home), Government of Uttar Pradesh, who is present in Court in person, affirms, that 3200 vacancies of the posts of Sub-Inspector of Police, will be filled up each year over four  years  commencing  from  the  year  2018.   The  advertisement notifying the vacancies for 2018 will be issued in the month of January, 2018, the result of the selection process will be declared in  October,  2018,  the  training  of  the  selected  candidates  will commence in February, 2019, and will conclude in January, 2020. The schedule for the next three years, we are assured, will remain the same, as for the year 2018.  2. Insofar  as  the  posts  of  Constables  of  Police  are concerned, which are also to be filled up by direct recruitment, it was submitted, that 30000 Constables will be recruited annually for four years, i.e., during the years 2017, 2018, 2019 and 2020.  The

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annual  process  of  issuing  the  advertisement,  notifying  the vacancies will be published in August every year.  The results thereof will be declared in June of the following year. For each process  of  selection,  training  will  commence  in  the  month  of October in the year of the declaration of the result, and the training process will conclude in the month of September of the next following year. 3. We hereby approve the recruitment process for selection of direct recruits, at the level of Sub-Inspector of Police, as also, that of Constables of Police. 4. We also further direct, that promotions to the various ranks shall be made from time to time as may be feasible, depending on the cadre strength. 5. Mr.  Debasish  Panda,  Principal  Secretary  (Home), Government of Uttar Pradesh, who is present in Court in person, shall  ensure  that  the  selection,  recruitment  and  training  is conducted in the manner indicated hereinabove (which is truly the proposal submitted by the State Government itself).  For ensuring that the submission made to this Court is not breached, we direct the  Principal  Secretary  (Home),  Government  of  Uttar  Pradesh  to ensure, that the Chairman of the Police Recruitment and Selection Board  shall  not  be  changed  midstream,  i.e.,  during  the  period intervening  the  issuance  of  the  advertisement  notification(for filling up the vacancies of different cadres) till the process of selection is completed. 6. In  case  of  breach  of  the  time  lines  indicated hereinabove, the officer mentioned hereinabove, shall be personally

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responsible.

State of Karnataka 1. The following vacancies are available in the State of Karnataka.  These vacancies are to be filled up, by way of direct recruitment:

Police Sub-Inspectors                              Sl. No. Cadre 2016-17 2017-18 2018-19 Total

1 PSI(CIVIL) 165 164 164 493

2 RSI(CAR/DAR) 39 38 38 115

3 SPL.  RSI(KSRP) 28 28 28 84 4 PSI (FPB) 5 5 5 15

5 PSI (WIRELESS )

9 9 8 26

6 PSI(KSISF) 18 17 17 52 7 PSI (CID) 12 12 12 36 8 PSI (INT) 41 40 40 121

TOTAL 317 313 312 942

Police Constables                                       Sl. No. Cadre 2016-17 2017-18 2018-19 Total 1 PC 2112 2111 2111 6334 2 APC(CAR/DAR) 688 688 688 2064 3 PC (FPB) 3 3 2 8 4 RPC(KSRP) 849 849 849 2547

5 PC(KSISF) 396 395 395 1186 TOTAL 4048 4046 4045 12139

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2. In the Road Map for filling up the vacancies during the year 2016-17, we are informed by Shri Raghavendra Auradkar, IPS, Additional Director General of Police (Recruitment), Government of Karnataka, that the following process of selection is on-going:

Police Sub-Inspectors                         

Sl No :

Post Number of Vacancies Notified

Present Status

1 Police Sub-Inspecto r (Civil)

418

Provisional  Select  List  has been published and process of document  verification  is  in progress.

2 Police Sub-Inspecto r (FPB)

24

Provisional  Select  List  has been published and process of document  verification  is  in progress.

3 Police Sub-Inspecto r (Wireless)

28

Provisional  Select  List  has been published and process of document  verification  is  in progress.

4 Police Sub-Inspecto r (CID)

12

Written  examination  has  been conducted.  The  process  of conducting  viva-voce  will  be held  from  24.4.2017  and 25.4.2017  after  which Provisional  Select  List  will be published.

5 Sub-Inspecto r (KSISF)

18 Written  examination  has  been conducted.  The  process  of conducting  viva-voce  will  be held  from  3.5.2017  and

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4.5.2017  after  which Provisional  Select  List  will be published.

6 Police Sub-Inspecto r (Civil)

59

Written  examination  has  been conducted.  The  process  of conducting  viva-voce  will  be initiated in the Second week of  May,  2017  after  which Provisional  Select  List  will be published.

7

Police Sub-Inspecto r  (State Intelligence )

41

Written  examination  has  been conducted.  The  process  of conducting  viva-voce  will  be initiated  in  the  Third  week of  May,  2017  after  which Provisional  Select  List  will be published.

8 Reserve Sub-Inspecto r (CAR/DAR)

97

Written  examination  has  been conducted.  The  process  of conducting  viva-voce  will  be initiated in the Fourth week of  May,  2017  after  which Provisional  Select  List  will be published.

9

Special Reserve Sub-Inspecto r (KSRP)

28

Written  examination  has  been conducted.  The  process  of conducting  viva-voce  will  be initiated  in  the  Third  week of  June,  2017  after  which Provisional  Select  List  will be published.

TOTAL 725

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Police Constables

Sl No :

Post Number of Vacancies Notified

Present Status

1 Police Constable (Civil)

3992

Provisional Select List has been published and document verification  is  in progress.

2 Armed  Police Constable(CAR/D AR)

1834

Provisional Select List has been published and document verification  is  in progress.

3

Special Reserve Police Constable (KSRP)

1976

Merit  List  has  been generated after the written examination.  The provisional  select  list will  be  published  in  the First week of May, 2017.

4 Police Constable (KSISF)

396

Written  examination  has been conducted. Merit List will be generated and the provisional  select  list will  be  published  in  the Second week of May, 2017.

5 Police Constable (Wireless)

226

Merit  List  has  been generated after the written examination.  The provisional  select  list will  be  published  in  the last week of April, 2017.

TOTAL 8424

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3. It  is  pointed  out,  that  in  the  above  process  of selection, the consideration has proceeded up to the finalisation of  the  provisional  select  list.   It  is  submitted,  that appointments, out of the provisional select list, will be made by July, 2017.  In the selection processes, referred to above, wherein the written examination has been conducted, it is submitted, that the provisional select list will be finalised by May, 2017, and the appointment orders will be issued by July, 2017. We place on record the manner of filling up of direct recruit vacancies in the police cadre during the year 2016-2017.

4. It  is  submitted,  that  for  filling  up  of  remaining vacancies, the following time schedule has been determined by the High Court:

“A.  For  filling  up  of  vacancies  in  the  Cadre  of Police Sub Inspector (Civil)

Sl. No. Description Date

1. Obtaining  classification  of Vacancies  from  the  concerned Unit Officers.

End of March

2. Publication of Notification 2nd week  ofApril 3. Issue of Paper advertisement 2nd week  ofApril 4. Inviting applications throughon-line

3rd week  of April

5. Conduct of ET & Police Station 4th week of May 6. Conduct of Written examination 4th week of June   7. Conduct of Viva-voce 4th week of July 8. Publication of Select List 1st week  ofAugust

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B. For filling up of vacancies in the Cadre of Reserve Sub Inspector  (CAR/DAR):

Sl. No. Description Date

1. Obtaining  classification  of Vacancies  from  the  concerned Unit Officers.

End of March

2. Publication of Notification 2nd week  ofApril 3. Issue of Paper advertisement 2nd week  ofApril 4. Inviting applications throughon-line

3rd week  of April

5. Conduct of ET & Police Station 4th week of June 6. Conduct of Written examination 4th week of July 7. Conduct of Viva-voce 4th week  ofAugust 8. Publication of Select List 1st week  ofSeptember

C. For filling up of vacancies in the Cadre of Reserve Sub Inspector (FPB) and (Wireless):

Sl. No. Description Date

1. Obtaining  classification  of Vacancies  from  the  concerned Unit Officers.

End of March

2. Publication of Notification 2nd week  ofApril 3. Issue of Paper advertisement 2nd week  ofApril 4. Inviting applications throughon-line

3rd week  of April

5. Conduct of ET & Police Station 4th week of June 6. Conduct of Written examination 1th week  ofAugust 7. Conduct of Viva-voce 4th week  ofAugust 8. Publication of Select List 1st week  ofSeptember

D. For filling up of vacancies in the Cadre of Spl. Reserve Sub Inspector (KSRP):

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Sl. No. Description Date

1. Obtaining  classification  of Vacancies  from  the  concerned Unit Officers.

End of March

2. Publication of Notification 2nd week  ofApril 3. Issue of Paper advertisement 2nd week  ofApril 4. Inviting applications throughon-line

3rd week  of April

5. Conduct of ET & Police Station 4th week of July 6. Conduct of Written examination 1th week  ofSeptember 7. Conduct of Viva-voce 4th week  ofSeptember 8. Publication of Select List 1st week  ofOctober

E. For filling up of vacancies in the Cadre of Sub-Inspector (KSISF), PSI (CID) and PSI (INT):

Sl. No. Description Date

1. Obtaining  classification  of Vacancies  from  the  concerned Unit Officers.

End of August

2. Publication of Notification 2nd week  ofSeptember 3. Issue of Paper advertisement 2nd week  ofSeptember 4. Inviting applications throughon-line

3rd week  of September

5. Conduct of ET & Police Station 4th week  ofOctober

6. Conduct of Written examination

3rd Week  of November  for  SI (KSISF),  4th week of November for  PSI  (CID) and  1st Week  of December for PSI (INT)

7. Conduct of Viva-voce 3rd week  ofDecember

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8. Publication of Select List 2nd week  ofJanuary

F. For filling up of vacancies in the Cadre of Cadre of Police Constable (Civil):

Sl. No. Description Date

1. Obtaining  classification  of Vacancies  from  the  concerned Unit Officers.

4th week of May

2. Publication of Notification 2nd week of June 3. Issue of Paper advertisement 2nd week of June 4. Inviting applications throughon-line 3rd week of June

5. Conduct of Written Examination 2nd week  ofAugust 6. Preparation of Merit List 1st week  ofSeptember 7. Conduct of ET & PST 4th week  ofSeptember 8. Publication of Selection list 2nd week  ofOctober

G. For filling up of vacancies in the Cadre of Cadre of Armed Police Constable (CAR/DAR):

Sl. No. Description Date

1. Obtaining  classification  of Vacancies  from  the  concerned Unit Officers.

4th week of May

2. Publication of Notification 2nd week of June 3. Issue of Paper advertisement 2nd week of June 4. Inviting applications throughon-line 3rd week of June

5. Conduct of Written Examination 4th week  ofAugust 6. Preparation of Merit List 3rd week  ofSeptember 7. Conduct of ET & PST  week of October 8. Publication of Selection list 4th week  ofOctober

H. For filling up of vacancies in the Cadre of Cadre of Spl.

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Reserve Police Constable (KSRP): Sl. No. Description Date

1. Obtaining  classification  of Vacancies  from  the  concerned Unit Officers.

4th week  of September

2. Publication of Notification 2nd week  ofOctober 3. Issue of Paper advertisement 2nd week  ofOctober 4. Inviting applications throughon-line

3rd week  of October

5. Conduct of Written Examination 2nd week  ofDecember 6. Preparation of Merit List 3rd week  ofJanuary 7. Conduct of ET & PST 3rd week  ofJanuary 8. Publication of Selection list 1st week  ofFebruary

J. For filling up of vacancies in the Cadre of Cadre of Police Constable (KSISF):

Sl. No. Description Date

1. Obtaining  classification  of Vacancies  from  the  concerned Unit Officers.

4th week  of October

2. Publication of Notification 2nd week  ofNovember 3. Issue of Paper advertisement 2nd week  ofNovember 4. Inviting applications throughon-line

3rd week  of November

5. Conduct of Written Examination 4th week  ofDecember 6. Preparation of Merit List 3rd week  ofJanuary 7. Conduct of ET & PST 3rd week  ofFebruary 8. Publication of Selection list 4th week  ofFebruary

K. For filling up of vacancies in the Cadre of Cadre of Police

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Constable (FPB): Sl. No. Description Date

1. Obtaining  classification  of Vacancies  from  the  concerned Unit Officers.

4th week  of October

2. Publication of Notification 2nd week  ofNovember 3. Issue of Paper advertisement 2nd week  ofNovember 4. Inviting applications throughon-line

3rd week  of November

5. Conduct of Written Examination 4th week  ofJanuary 6. Preparation of Merit List 3rd week  ofFebruary 7. Conduct of ET & PST 2nd week  ofMarch 8. Publication of Selection list 3rd week  ofMarch

5. We are informed on behalf of the State of Karnataka, that the Principal Secretary, Home Department, Government of Karnataka, is monitoring the recruitment process.  He assures this Court, that the time lines indicated hereinabove, will be duly complied with. The statement made on behalf of the State of Karnataka, is taken on record.

6. We  hereby  direct,  that  the  Principal  Secretary,  Home Department, Government of Karnataka, and the Additional Director General of Police (Recruitment), Karnataka shall be responsible for filling up all the vacancies, in the manner indicated to this Court on behalf of the State Government, by strictly adhering to the time lines.

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State of Tamil Nadu

1. Mr.  V.  Sampath,  Joint  Secretary,  Department  of  Home, Government of Tamil Nadu, and Mr. Sanjay Arora, Additional Director General of Police, are present in Court in person, to assist this Court about the manner by which direct recruitment will be made, to fill up vacancies of different ranks in the police department.

2. In the cadre of Sub-Inspectors (Taluk), we are informed, that  as  against  the  sanctioned  strength  of  8151  posts,  6398 sub-inspectors are in position. It is submitted, that the vacancies in the said cadre as on 1.1.2017, were 1753.  Out of the above vacancies, it is pointed out, that the process of selection of 1026 Sub-Inspectors (Taluk) has been completed, and their training is in progress.  It is submitted, that the above-mentioned trainees are likely to be issued appointment orders shortly, on the conclusion of their training, whereupon, they are expected to join the police force,  by  1.10.2017.   It  is  submitted,  that  the  remaining  720 vacancies in the cadre of Sub-Inspectors (Taluk) will be initiated and completed, within four months from today.

3. Insofar as the cadre of Sub-Inspector (Armed Reserve) is concerned, it is pointed out, that it has a sanctioned strength of 1209 posts, out of which 1099 personnel are in position.  As such, there are only 110 vacancies of Sub-Inspectors (Armed Reserve), which remain to be filled up.  It is submitted, that the above posts are to be filled up by way of promotion, and the process of promotion  to  the  above  110  vacancies,  shall  be  completed,  and appointment orders will be issued, within four months from today.

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4. Insofar as the cadre of Sub-Inspector (Tamil Nadu Special Police) is concerned, it has a sanctioned strength of 477, out of which 400 personnel are in position. It is pointed out, that the remaining 77 vacancies in the cadre of Sub-Inspector (Tamil Nadu Special Police)  are to be filled up by way of promotion, and the process of promotion to the above 77 vacancies will be completed, and appointments will be made, within five months from today.

5. Insofar as the cadre of Constables is concerned, it is submitted, that there is a sanctioned strength of 1,09,694 posts, out of which 92,105 personnel are in position.  As against the remaining  17,589  vacancies,  the  Tamil  Nadu  Uniformed  Services Recruitment  Board  has  already  issued  an  advertisement  notifying 13,183 vacancies of Grade-II Police Constables (Armed Reserve and Tamil Nadu Special Police) on 23.01.2017.  It is pointed out, that the  provisional  selection  list,  will  be  issued  positively  by August,  2017,  whereafter,  after  abiding  by  the  verification process, orders of appointment will be issued in November, 2017, requiring the selected candidates to undergo training for a period of eight months.

6. It  is  submitted,  that  the  entire  balance  vacancies, including such vacancies which may arise in the interregnum, will be taken up, as soon as the provisional list, for the existing process  of  selection  is  published,  in  August,  2017.   It  is affirmed,  that   the  Tamil  Nadu  Uniformed  Services  Recruitment Board, will fill up all the remaining vacancies, in the cadre of Constables  of  Police,  within  a  period  of  eight  months  of  the

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issuance of the advertisement.  In the above view of the matter, it is  expressly undertaken,  that all  the balance  vacancies in  the cadre of constables, will be filled up by April, 2018.

7. The aforesaid factual position brought to the notice of this Court, is taken on record.  The Director General of Police, who  is  also  the  Chairman  of  the  Tamil  Nadu  Uniformed  Services Recruitment Board, shall be personally responsible for complying with the undertaking given to this Court.

States of West Bengal, Bihar and Jharkhand

Even though, we had taken up for consideration the matter relating to filling up of vacancies in the police force for the States of West Bengal, Bihar and Jharkhand, we refrain ourselves from passing any final orders, in respect of the above States. Proceedings  with  reference  to  the  aforesaid  three  States,  are accordingly deferred to 1.5.2017.

In addition to the above three States, the three States with the next largest number of vacancies are:

Gujarat - 28580

Telangana - 17504

Rajasthan - 15731

We therefore hereby direct, the Home Secretaries of the additional three States, referred to hereinabove, to assist this Court personally, or to nominate an officer of the department, not below the rank of Joint Secretary, to prepare a definite road map

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for filling up the vacancies of police personnel.

Post for further consideration on 01.05.2017.

….......................CJI [JAGDISH SINGH KHEHAR]

NEW DELHI; ….........................J. APRIL 24, 2017. [Dr. D.Y. CHANDRACHUD]

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ITEM NO.37                 COURT NO.1               SECTION PIL(W)                S U P R E M E  C O U R T  O F  I N D I A                        RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s).  183/2013 MANISH KUMAR                                       Petitioner(s)                                 VERSUS UNION OF INDIA AND ORS.                            Respondent(s) (with appln. (s) for exemption from filing O.T. and extension of  time) Date : 24/04/2017 This petition was called on for hearing today. CORAM :           HON'BLE THE CHIEF JUSTICE          HON'BLE DR. JUSTICE D.Y. CHANDRACHUD        For Petitioner(s) Mr. Manish Kumar, in person                       For Respondent(s) Mr. Maninder Singh, ASG

Mr. Ajay Kumar Singh, Adv. Ms. Sushma Manchanda, Adv. Mr. Abshishek Atrey, Adv. Mr. S.Wasim A. Qadri, Adv. Mr. Sudhir Walia, Adv. for Mr. M.K. Maroria, AOR Ms. Sunita Sharma, Adv. Mr. R.R. Rajesh, Adv. for Mr. Raj Bahadur, AOR Mr. Ravi Prakash Mehrotra,Adv. Mr. Aviral Saxena, Adv. Mr. Vibhu Tiwari, Adv. Mr. Subramonium Prasad, Sr. Adv. Mr. M. Yogesh Kanna, Adv. Ms. Nithya , Adv. Mrs. Maha Lakshmi, Adv. Mr. Partha Sarathi, Adv. Mr. Tapesh Kumar Singh, Adv. Mr. Kumar Anurag Singh, Adv. Mr. Mohd. Waquas, Adv. Mr. Aditya Pratap Singh, Adv. Mr. Rudreshwar Singh, Adv. Mr. Gautam Singh, Adv. Ms. Isha Singh, Adv. for Mr. Samir Ali Khan, AOR Mr. A.K. Ganguli, Sr. Adv.

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Mr. Raja Chatterjee, Adv. Mr. Kunal Chatterjee, Adv. Mr. C.K. Ganguli, Adv. Mr. V.N. Raghupathy, Adv. Mr. Shuvodeep Roy, Adv. Ms. Jesal Wahi, Adv. for Ms. Hemantika Wahi, Adv. Mr. Mrityunjai Singh, Adv. for Mr. S. Udaya Kumar Sagar, AOR Mr. Shiv Mangal Sharma, AAG Mr. Arjun Singh, Adv.

                   for Mr. Milind Kumar,AOR Mr. Guntur Prabhakar,Adv.

                     Ms.Aruna Mathur, Adv. for M/s Arputham Aruna & Co.

         Mr. Ranjan Mukherjee,Adv.            

   Mr. V. G. Pragasam,Adv.                      

Mr. Sapam Biswajit Meitei, adv. Mr. Naresh Kumar Gaur, Adv. for Mr. Ashok Kumar Singh,AOR

                    Mr. D.K. Thakur, AAG for Mr. Varinder Kumar Sharma,AOR Ms. Bansuri Swaraj, Adv. for Mr. C.D. Singh, AOR Mr. M. Shoeb Alam, Adv. Ms. Fauzia Shakil, Adv. Mr. Ujjwal Singh, Adv.  Mr. Pragyan, Adv. Mr. Shikhar Garg, Adv. Mr. Ganesh Bapu, Adv. for Mr. P. V. Yogeswaran,AOR Mr. Sanchar Anand, AAG Mr. Apoorv Singhal, Adv. Mr. Anant K. Vatsya, Adv. Mr. Narsingh N. Rai, Adv.

                   for Mr. Kuldip Singh,Adv.                    Mr. Rajiv Nanda,Adv.

   Mr. Sudarshan Singh Rawat,Adv. Mr. Anil Grover, AAG Ms. Noopur Singhal, Adv. Mr. Satish Kumar, Adv. Mr. Sandeep Yadav, Adv.

                 Mr. Sanjay Kumar Visen,Adv.                      

Mr. Mishra Saurabh,Adv.                      

Ms. G. Indira,Adv.                    

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Mr. Shishir Deshpande,Adv. Ms. Rushira gupta, Adv. Mr. Salvador Santosh Rebello, Adv. Mr. Anurag Sharma, Adv.

                  Ms. K. Enatoli Sema,Adv.                      

Mr. Krishnayan Sen,Adv. Ms. Asiya Khan, Adv. Mr. Uddyam Mukherjee, Adv.

                               UPON hearing the counsel the Court made the following                              O R D E R

The filling up of vacancies in the police force in the States of Uttar Pradesh, Karnataka and Tamil Nadu  be dealt with, in the manner indicated in the signed order.

Even though, we had taken up for consideration the matter relating to filling up of vacancies in the police force for the States  of  West  Bengal,  Bihar  and  Jharkhand,  but  we  refrain ourselves from passing any final orders, in respect of the above States.  Proceedings with reference to the aforesaid three States, are accordingly deferred to 1.5.2017.

In addition to the above three States, the three States with the next largest number of vacancies are:

Gujarat - 28580

Telangana - 17504

Rajasthan - 15731

We therefore hereby direct, the Home Secretaries of the additional three States, referred to hereinabove, to assist this Court personally, or to nominate an officer of the department, not below the rank of Joint Secretary, to prepare a definite road map  

for filling up the vacancies of police personnel.

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Post for further consideration on 01.05.2017.

 (Renuka Sadana) (Parveen Kumar) Assistant Registrar                       AR-cum-PS

[signed order is placed on the file]