RAKESH KUMAR Vs. GOVT. OF NCT

JUDGEMENT

(1.) NONE appears for the respondents in spite of the advance copy of the writ petition having been supplied before filing the writ petition which was listed on November 20, 2012 and not even today in spite of notice being issued.

(2.) HAVING heard learned counsel for the petitioners who gives up challenge to the vires of Rule 22 of the Delhi Police (Appointment & Recruitment) Rules, 1980 which stipulates that inter-seniority of directly recruited Sub-Inspectors in Delhi Police shall be fixed on the basis of total marks obtained by them in the examination conducted by the Staff Selection Commission as well as marks obtained after Police Training at an examination conducted by the Police Training School/College. However, counsel states that the grievance of an undue weightage to the marks obtained at the final examination after basic training at the Police School/College, being unreasonable, requires the same to be declared arbitrary and unreasonable; suscept to favouritism and manipulation

(3.) SINCE we are remanding the matter to the Tribunal, we do not discuss much, but would highlight that the decision in P.U.Joshi's case (supra) pertains to rules governing service condition and hold that as the administrative exigencies may necessitate, the same can be altered from time to time. The decision has no application to policy decisions taken with respect to weightage to be given.