NOEL WALLER PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner herein is a Police inspector who has filed the present writ petition, being aggrieved by the seniority assigned to respondent No. 3 over and above him. By way of relief, the petitioner has prayed as under :

(2.) IT is the case of the petitioner that he joined the Police Training School at Junagadh on 1-1-1966. The respondent No. 3 also joined the Police Training school at Junagadh with effect from the same date. The petitioner passed the "c" term i. e. first term examination on 30-6-1966, similarly, the respondent no. 3 also passed the "c" term i. e. first term examination with effect from the same date. Thereafter, the petitioner failed in the "b" term i. e. second term examination held after 12 months of joining the School on 30-12-1966. However, the respondent No. 3 passed the "b" term i. e. second term examination held after 12 months of joining the School on 30-12-1966. The petitioner thereafter passed "a" term final examination i. e. 3rd term examination on 30-11-1967. The respondent No. 3 failed in the "a" term final examination i. e. third term examination on 30-6-1967. However, the respondent No. 3 passed the "a" term final examination i. e. third term examination on 30-11-1967 i. e. on the same day on which the petitioner passed the said examination. Relying upon the provisions of Rule 89 (3) of the Bombay Police Manual, the petitioner claims that he should have been given seniority over and above the respondent No. 3. Instead of this, the respondent Nos. 1 and 2 have wrongly assigned seniority to the respondent No. 3 over the petitioner.

(3.) AFFIDAVIT-IN-REPLY has been filed by respondent No. 2, and thereafter, the rejoinder has been filed by the petitioner.