PROMOD KUMAR Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) IN October 2007, Delhi Police invited application for 692 vacancies of Sub inspector. The advertisement provided for a physical endurance test in which one of the condition was 1600 metres race in six minutes and thirty seconds to qualify for the further tests. The advertisement also provided four different age limits, namely, 20-25 years for those seeking direct recruitment, 25-30 years for those seeking direct recruitment on the basis of age relaxation and the departmental candidates, 35-40 years for departmental candidates/ex-servicemen and 40-45 years for departmental candidates/ex-servicemen on the basis of age relaxation belonging to the reserved category. The petitioners in wp (C) No. 187/2008 applied for the post of Sub Inspector under the departmental category and they appeared in physical endurance test on 14th December 2007 in which they could not complete 1600 metres race within the stipulated time and were thus disqualified to appear in the written test held on 13th January, 2008.

(2.) THE petitioner in WP (C) No. 221/2008 also applied in departmental category as SC candidate and he was called for physical endurance on 19th December 2007, but he did not appear and approached the learned Tribunal seeking the stay. The OAs of both the petitioners were dismissed by the learned Tribunal which is under challenge before us.

(3.) THE petitioners have challenged the condition of the physical endurance test insofar as it prescribes 1600 metres race in six minutes and thirty seconds on the ground that the said time limit is less. It is next contended that the departmental candidates are in the age group of 30-45 years and they are put in the same class as that of direct candidates who are in early twenties. It is further contended that the Staff Selection Commission was earlier conducting the said test and they had prescribed the time limit of seven minutes for completing 1600 metres race. It is also contended that the time limit for the post of Head constable is 7 minutes for candidates below 30 years and eight minutes for candidates above 30 years. The petitioners have challenged the time limit of six minutes thirty seconds for 1600 metres race to be unreasonable and arbitrary and they have sought the quashing of the same. They have further prayed for being permitted to take the physical endurance test as prescribed by Staff selection Commission in seven minutes.