SUNDER DEV Vs. DEPUTY COMMISSIONER OF POLICE

JUDGEMENT

(1.) This is a contempt petition against the Deputy Commissioner of Police and Additional Commissioner of Police for not sending the petitioner for training for the post of Sub-Inspector (Executive).

(2.) These are the facts. The petitioner is a constable in the Delhi Police. As a departmental candidate he appeared at an examination held by the Staff Selection Commission for the post' of S.I. (Executive). He passed the written test. But he was not allowed to take the personality test because he did not possess the minimum height required under the rules. So he came to this Court in a Writ Petition. I held that the petitioner's disqualification on the ground of minimum height was invalid and that he was entitled to appear at the personality test. So the petitioner appeared at the personality test. He was found fit. He asked for an appointment letter. This was refused to him. The ground for refusal was that he was considered by the Staff Selection Commission as a schedule caste candidate and there is no reservation for schedule castes and therefore he cannot be given the appointment letter.

(3.) What the Police department did was this. 50 percent posts of the Sub-Inspectors were to be given by promotion. 50 per cent posts were for direct recruitment. Out of 50 per cent posts of direct recruitment, 15 per posts was to go to the schedule castes, 7 per cent to the schedule tribes, 10 percent to ex-servicemen, 10 per cent to the department candidates, and the remaining for candidates from the market outside.