UNION OF INDIA Vs. MOHAN SINGH RATHORE

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel on both sides.

(3.) The respondent was appointed in the Rajasthan State Police Service. He was put in the select list on December 28, 1987. The Union Public Service Commission had approved it on February 2, 1988. He was due to retire on May 31, 1988 on attaining superannuation. His name along with eight other candidates, was included for allotment from the State quota to the Indian Police Service. The requirements of the Indian Police Service (Appointment by Promotion) Regulations, 1955 (for short, the "Promotion Regulation") envisages that the Union Public Service Commission, under Regulation 7, shall consider the list prepared by the Committee along with other documents received from the State Government and, unless it considers any change necessary, it shall approve the list. Sub-regulation (4) is relevant in this case which provides that the select list shall ordinarily be in force until its review and revision effected under sub-regulation (4) or (5) is approved under sub-regulation (1) or, as the case may be, is finally approved under sub-regulation (2). As per regulation 7(3), the list as finally approved by the UPSC shall form the select list. Proviso thereto indicates thus: