PRADEEP KUMAR S/O DIWANI RAM; KULENDRA SINGH RAWAT S/O LATE S S RAWAT AND; RAVINDRA SINGH ASWAL S/O S S ASWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioners have sought writ in the nature of certiorari quashing the conditions No. (3) and (4) in the order dated 13.09.2007, issued by the Police Directorate (copy Annexure 7 to the writ petition) which permits the Constables appointed after 2001 to appear in the Rankers examination for promotion to the post of Sub Inspectors in Civil Police of the State. A further mandamus has been sought directing the respondents not to permit the appointees as Constables in the Uttarakhand Police after the year 2001 in the examination scheduled to be held in pursuance of impugned order dated 13th September 2007.

(2.) Heard learned Counsel for the parties and perused the affidavit, counter affidavit, rejoinder affidavit and additional counter affidavit on record.

(3.) Brief facts of the case, as narrated in the writ petition, are that the petitioners were appointed as Constables in the year 1988-89. An examination for departmental candidates for their promotion to the post of Sub Inspectors in Civil Police in the State of U.P. was earlier held in the year 1999. In Para 5 of the writ petition it is stated that there are no rules framed for recruitment to the post of Sub Inspectors of police from the departmental candidates. The State of Uttarakhand issued office memorandum dated 16.12.2001 (copy Annexure 3 to the writ petition) in which it is provided that 50 per cent of the total vacancies shall be filled by direct recruitment and remaining 50 per cent vacancies shall be filled by way of promotions. Selection process for filling up 253 posts of Sub Inspectors by direct recruitment started on 22.12.2001, but no exercise was taken up for promotion of departmental candidates, as there was no procedure prescribed for the same. By the impugned order dated 13th September 2007 (copy Annexure 7 to the writ petition) issued by the Directorate of Police, Uttarakhand, exercise was taken up for written examination of the Rankers for their promotion to the post of Sub Inspectors in Civil Police and Intelligence. The petitioners are assailing Clause (3) of said order wherein a cut off date of 01.01.2007 is provided for completing minimum experience of three years. They are also assailing Clause (4) of the order which provides that even those Constables who are recruited after creation of the new State would also be entitled to appear in the examination. The ground on which the petitioners have challenged said conditions is that the vacancies of Sub Inspectors of the year upto 2000-01 cannot be filled from the Constables, who were appointed after the year 2001. Challenging the permission to such Constables in the departmental examination, it is alleged by the petitioners that the same is illegal, arbitrary and erroneous in law.