UP Police Recruitment: Supreme Court Rules on SMS Intimation for Physical Test

The Supreme Court of India recently ruled in the case of State of Uttar Pradesh vs. Pankaj Kumar, where the respondent challenged his exclusion from the police recruitment process on the ground that he was not informed about the physical fitness test through a call letter. The case highlighted the importance of communication methods in government recruitment and whether an SMS notification was sufficient.

Background of the Case

The Uttar Pradesh government had issued a recruitment notification in 2015 for the post of Police Constables in the Provincial Armed Constabulary. Pankaj Kumar, the respondent, applied for the recruitment and cleared the initial fitness examination. However, he did not appear for the document verification and physical fitness test, later claiming that he was unaware of the test schedule due to the lack of a call letter.

Petitioner’s (State of Uttar Pradesh) Arguments

The State of Uttar Pradesh contended that:

• The recruitment board had sent an SMS to all candidates, including Pankaj Kumar, informing them about the physical fitness test.
• Many other candidates who received the SMS had attended the test without any issues.
• The recruitment process had been completed, and allowing a single candidate to participate at a later stage would disrupt the process.
• The recruitment rules did not mandate postal communication, and other candidates had successfully followed the online updates.

Respondent’s (Pankaj Kumar) Arguments

The respondent argued that:

• The recruitment rules required a call letter to be sent via post, which was not done in his case.
• He did not receive any SMS notification regarding the test schedule.
• Many candidates may change their phone numbers over time, and relying solely on SMS communication was unreasonable.
• The High Court had correctly allowed him to take the test on equitable grounds.

Supreme Court’s Judgment

The Supreme Court ruled in favor of the State of Uttar Pradesh, holding that:

“The Rule as referred to by the learned counsel for the respondent mentions that the intimation is to be provided by postal communication or any other mode. In that view, there is no bar in intimating the candidates through SMS.”

The Court emphasized that candidates had provided their mobile numbers at the time of application, and it was their responsibility to ensure they remained accessible. Furthermore, the Court noted:

“When there can be no dispute that the respondent was in possession of the same mobile connection, the detail of which was furnished in the application, and the SMS had been sent to the respondent, the respondent having not acted on the same cannot at his own convenience make request to be permitted to participate in the selection process which has already concluded.”

Final Decision

The Supreme Court set aside the High Court’s decision and ruled that Pankaj Kumar was not entitled to a separate opportunity. The Court held that allowing exceptions on a case-by-case basis would disrupt the integrity of the recruitment process. As a result, the respondent’s writ petition was dismissed.

Read also: https://judgmentlibrary.com/supreme-court-reinstates-assistant-professor-in-wrongful-termination-case/

Conclusion

This ruling reinforces the principle that candidates must remain vigilant during recruitment processes and ensure they receive official communications. It also clarifies that SMS notifications are a valid means of communication, provided they are sent to the candidate’s registered number.

Petitioner Name: State of Uttar Pradesh.
Respondent Name: Pankaj Kumar.
Judgment By: Justice Dhananjaya Y. Chandrachud, Justice A.S. Bopanna.
Place Of Incident: Uttar Pradesh.
Judgment Date: 18-11-2021.

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