GIANI RAM RAMCHANDRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners of these petitions were at the relevant time working as constables in the Gujarat State Reserved Police Force (hereinafter to be referred to as "the SRP Force"). In Special Civil Application No. 1359 of 1984, petitioner No. 1 is the President of SRP Constable Association of Group 9 and also the Joint Secretary of the Gujarat State Police Constable Association which is registered and recognized by the Government of Gujarat. Petitioner No. 2 is the General Secretary of SRP Constable Association of Group 9 and also Joint Secretary of the Gujarat State Police Constable Association. The other petitioners were at the relevant time working as constables.

(2.) In all these petitions, the petitioners have challenged the office memorandum dated 22.8.1977 issued by the Dy. Inspector General of Police, Armed Units, Gujarat State, Ahmedabad regarding the qualifying tests for promotion in SRP Force. The petitioners have also prayed for a declaration that the qualifying examinations taken by the respondents-State of Gujarat and Inspector General of Police, Gujarat State and their subordinates for SRP constables in the State of Gujarat for promotion to the posts of Head Constables Grade-I and Grade II are illegal and ultra vires. The petitioners have also prayed for a direction not to promote any such constable on that basis alone to the post of Head Constable Grade I and II, if not already promoted and the petitioners have also prayed for a direction to the respondents to promote the SRP constables in the State as if there is no qualifying examination prescribed for constables for promotion to the post of Head Constable Grade I and II. The petitioners have also challenged Rules 57 to 60 of the Bombay State Reserve Police Force Rules, 1959 (hereinafter referred to as "the SRP Rules") and have prayed for a writ for holding that promotions in the SRP Force from the constables to Head Constables Grade I and II should be governed by the Head Constables Grade I and II (Armed Branch, Unarmed Branch and Women Branch) Recruitment (Amendment) Rules, 1981.

(3.) Under the Bombay Police Act, 1951 the police force is constituted and is divided into three branches known as Armed Branch, Unarmed Branch and Women Branch. Under the Bombay State Reserve Police Act, 1951 (hereinafter referred to as "the Act" or "the SRP Act"), the State Reserve Police Force is divided in separate units, each unit to be called a Group. The location of each group and the number of such groups is decided by the State Government from time to time. Section 3 of the Act provides that the superintendence and control over the Reserve Police Force shall, subject to the authority of the State Government, be exercised and carried on or be administered through the Inspector General of Police or through an Additional Inspector General of Police who may be assisted by one or more of the Deputy Inspector Generals of Police selected from time to time by the State Government. Ordinarily the superintendence and control over the SRP Force is exercised and carried on by the Additional Director General of Police (Armed Units). Each group is headed by the Commandant equivalent to a District Superintendent of Police, assisted by Assistant Commandant equivalent to a Dy.S.P. Each group has two battalions consisting of four Active Companies each. The battalion is commanded by the Battalion Commander who is of the rank of an Inspector of Police. Each Active Company is commanded by a Company Commander who is equivalent to a Sub-Inspector of Police. Each Active Company consists of three Platoons. Each Platoon is commanded by Platoon Commander (Jamadar). Each Platoon has sections and each section is commanded by a Section Commander (Havildar). The Company Commanders, Platoon Commanders and section Commanders are responsible for the efficiency, well-being and health of the men under their command.