K JAGANNADHA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The vires of Rule 3 (d) of the Andhra Pradesh Police Service Rules, 1966 are in question in this appeal preferred by special leave. The rule was challenged as invalid by respondents Nos. 1 to 23 by filing a writ petition in the Andhra Pradesh High Court. A single Judge of the High Court dismissed the petition; his decision was reversed by a Division Bench on appeal declaring "rule 3 (d) is discriminatory and violative of the principles of equality in Article 16 of the Constitution of India".

(2.) Rule 5 (1) of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1963, framed in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, classifies the civil services of the State into (a) the State Services, and (b) the subordinate services. The State Services are the superior class. The Andhra Pradesh Police Service is one of the State Services. The subordinate services include, among others, the Andhra Pradesh Police Subordinate Service. The Andhra Pradesh Police Service Rules, 1966, described as Special Rules for Andhra Pradesh Police Service, were also made in exercise of the powers conferred by the proviso to Article 309 of the Constitution. Rule 2 of the 1966, Police Service Rules sets out the three categories of officers constituting the service, namely:Category 1 composed of Commandants, Andhra Pradesh Special Police; category 2 which includes Deputy Superintendents of Police and Assistant Commissioners of Police, other than those in category 3; and category 3 comprising Deputy Superintendents of Police in various capacities including Assistant Commandants, Andhra Pradesh Special Police. Rule 3 of the Andhra Pradesh Police Service Rules, 1966, lays down the method and conditions for appointment to posts in the different categories. We are concerned in this appeal with Deputy Superintendents of Police belonging to categories 2 and 3 of the rules. Appointment as Deputy Superintendent of Police in category 2 is made by (a) direct recruitment, or (b) 'recruitment by transfer' from Andhra Pradesh Police Subordinate Service, or (c) appointment from category 3 of this service with the concurrence of the Public Service Commission provided that the number of such appointments does not exceed two in a calendar year. Rule 3 (15) of the Andhra Pradesh State and Subordinate Services Rules, 1962, also framed under proviso to Article 309 of the Constitution, defines the expression "recruited by transfer"; from the definition it is clear that such recruitments are really by way of promotion. It is further prescribed by the 1966, rules that officers appointed Deputy Superintendents of Police from Category 3 to category 2 must pass certain tests and undergo further training and probation. It is also required that they must complete 8 years of service as Deputy Superintendent of Police in category 3 and shall be below 40 years of age.

(3.) The impugned Rule 3 (d) of the Andhra Pradesh Police Service Rules 1966, states: