SHANTILAL AMBALAL PANCHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners two in number are police Head Constables in the Civil Service of the State. The next promotional post for the petitioners is that of sub-inspector of police. Under the scheme of promotion in the force a police Head Constable who has served continuously for more than 7 years and whose age is not above 50 is eligible for the selection.

(2.) Unarmed police Sub-Inspectors are recruited directly by competitive examination and also by promotion of officers from the lower ranks. 50% is to be filled by direct recruitment and the other 50 by promotion. Of the 50% to be filled by promotion one-half is to be filled by promotion of officers from the lower ranks and the other half by promotion of Head Constables who pass the Sub-Inspectors course at the Police Training School. Instruction 165 of the Gujarat Police Manual 1975 provides that for Head Constables there will be a departmental examination for qualifying for promotion as Sub-Inspectors. This examination is to consist of both written and oral tests which will be part of the same examination and only one result sheet would be issued. Clause (c) of Instructions 165 deals with the syllabus and the maximum marks obtainable for each paper. The syllabus covers a rather wide field of study. The papers and the marks for the written test are as follows: <SI>First Paper- (Without books) (Marks 300)

(3.) By a memorandum dated 22-12-1978 the Inspector General of Police Gujarat State who is the 2nd respondent in the petition invited applications for the written test to be held in 1979. Both the petitioners are candidates who appeared for that test. 189 candidates so appeared for the written test. Only those who got 45 % separate minimum and 50 % total minimum being considered as qualified 21 alone out of the 189 candidates were declared passed in that test. Petitioners are amongst those 21 who were so declared passed. The 1st petitioner obtained rank No. 3 in the said written test. The petitioners claim that they have 19 years of service in the police.