BAROT JIGNESH LAKSHMANSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In all this group of petitions the facts are interconnected and to some extent the issues involved are also interconnected and therefore they are being dealt with by this common judgment.

(2.) The short facts of the case are that during the period prior to 1980 the recruitment to the post of Police Sub Inspector (hereinafter referred to as "PSI" for short) was made by separate Recruitment Board constituted under the provisions of Gujarat Police Manual, 1971 Part I Rule 61. The said Selection Committee was headed by the Inspector General of Police. It appears that during the period of 1980 vide Notification, dated 21.1.1980 such work for recruitment for the post of PSI in the State was entrusted to Gujarat Public Service Commission (hereinafter referred to as "GPSC" for short). It further appears that thereafter there was a report of Bavecha Committee and it was recommended in the said report that the recruitment of Class I & II officers should be concentrated by the Public Service Commission and the recruitment of Class III officers should be handed over to different agency according to need. Therefore, accordingly, the State Govt had constituted a Subordinate Staff Selection Board for the recruitment of various Cl.III cadres and the work for such purpose was entrusted to the said Board in the year 1991 and it was taken out from the purview of GPSC as per notification, dated 23.4.1991. It is the case of the State Govt that on account of aforesaid process of recruitment Class III cadres and the work for such purpose was entrusted to the said Board in the year 1991 and it was taken out from the purview of GPSC as per notification, dated23.4.1991. It is the case of the State Govt that on account of aforesaid process of recruitment of Class III cadres being assigned to Staff Selection Board, the matter was considered and the Govt had thought it fit to constitute a separate and independent Recruitment Board for un-Armed PSIs being Cl.III cadre and such Board was to be made under the Home Dept of the State Govt and therefore ultimately vide resolution, dated 9.10.1997 of the State Govt, the PSI recruitment Board was constituted and simultaneously the Recruitment Rules were also framed for the post of PSI in exercise of powers under section 5 of the Bombay Police Act, 1951. It may be stated that in the mean time vide Notification dated 28.8.97 function for recruitment of PSI was excluded from the purview of GPSC by deleting Entry No. 22 Cl(h) which was earlier in existence. It is the case of the State Govt that such Gujarat Police Sub Inspector Recruitment Board (hereinafter referred to as "the Board") is required to be constituted as and when recruitment process for the post of PSI is to be undertaken and after the process is over, the Board shall stand dissolved. In the present case it is the case of the State Govt that such Board came to be constituted on 31.1.1999 comprising of Mr.A.K.Bhargava, Addl.Director General of Police (Admn) as the Chairman and other members being Mr.K.Nityanandam, Secretary (Home), Mr.A.I.Saiyed, IGP, & Principal, PTC, Junagadh and Mr.Pramodkumar, DIG(Int), Gujarat Stae.

(3.) It appears that on 15.2.1999 an advertisement was published inviting applications from eligible candidates and one of the aspects which is relevant herein was regarding physical requirement, more particularly, for the chest. The relevant rule provides as under: