[Police constable recruitment] SMS intimation of physical test, document verification sufficient: Supreme Court

Intimating candidates via SMS on registered mobile number about physical test and document verification for police constable recruitment will be sufficient communication and a candidate cannot challenge the recruitment on the basis that no separate written communication was received, the Supreme Court observed on Thursday (The State of Uttar Pradesh and Ors. v. Pankaj Kumar)..A Bench of Justices DY Chandrachud and AS Bopanna held that once SMS was sent to the candidate on the mobile phone he registered while applying, he cannot later claim a right to participate in selection process after failing to attend the same despite intimation via SMS on that number."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, not having utilized the opportunity which was available to him," the Court held.The judgment was delivered on an appeal filed by the State of Uttar Pradesh against a 2019 judgment of the Allahabad High Court.The respondent, one Pankaj Kumar had applied to the post of Police Constable in the Provincial Armed Constabulary (Men) in 2015. He was called for a physical fitness test and, document verification by an SMS. The respondent did not show up allegedly for the want of written communication..The State government through advocate Pradeep Misra, argued that the respondent missed the opportunity due to his own negligence. It was also stated that physical examination and document verification was stretched till September 19, 2018, and the process has now concluded in all respects..Advocate Sarvesh Kumar Dubey, counsel for the respondent candidate, argued that notice had to be sent via post and an SMS containing the date of the examination was inadequate. The case put forth was that the appellant authorities had not adhered to the requirement contemplated under the Uttar Pradesh (Civil Police) Constable and Head Constable Rules, 2008. According to the respondent, as per the rule, a call letter was required to be issued through post and mere issue of SMS intimating the date of further process in the selection would not be sufficient.Dubey further stated that the process took three years and one cannot reasonably be expected to keep the same mobile number through the long period.The Court, however, rejected the contentions of the respondent. It held that the Rules provide that communication can be through post or any other mode."In that view, there is no bar in intimating the candidates through SMS, more particularly when large number of candidates had to appear in the subsequent process and majority of the candidates have appeared for document verification and physical fitness test pursuant to intimation by SMS," the Court said.Regarding the argument that mobile number may change after lapse of a long period of time, the Court said that it can happen even with respect to postal address."In a given case, the person may not reside in the same address which is furnished for communication as it existed when the application is made. In such circumstance, it is for the candidate to intimate any change to the authorities, since such change would be within the knowledge of the candidate and it is in his or her own interest such intimation is to be made," the Court said. Pertinently, in this present case, there was no dispute that the respondent was in possession of the same mobile number."Though, the learned counsel for the respondent vaguely contended that a person may not retain the same number after a long lapse of time, no material has been brought on record to indicate that the respondent did not possess the said mobile connection as on the date the SMS was sent," the Court said..The Court, therefore, allowed the appeal and set aside the judgment of Allahabad High Court..[Read Judgment]