LAWS(GJH)-2016-9-27

RAJESHBHAI CHHAGANBHAI CHOKHALIYA & 3 Vs. DIRECTOR GENERAL OF POLICE GUJARAT POLICE DEPARTMENT & 2

Decided On September 01, 2016
Rajeshbhai Chhaganbhai Chokhaliya And 3 Appellant
V/S
Director General Of Police Gujarat Police Department And 2 Respondents

JUDGEMENT

(1.) Since the issues raised in all the captioned writapplications are more or less the same, those were heard analogously and are being disposed of by this common judgment and order.

(2.) By these writ-applications, the writ-applicants, serving as the Head Constables (Unarmed), Class-III, and the Assistant Sub-Inspectors of Police (Unarmed), Class-III, respectively, have prayed for the following reliefs :

(3.) The writ-applicants seek to challenge the constitutional validity of Rule 2(1)(a) of the Police Sub-Inspector (Unarmed), Class-III, Recruitment Rules, 2008 as unconstitutional being arbitrary and violative of Articles 14 and 16 of the constitution of India. The challenge to the constitutional validity is substantially on the ground that Rule 2(1)(a) of the Rules, 2008, is arbitrary, unreasonable and irrational. In exercise of the powers conferred by clause (b) of Section 5 of the Bombay Police Act, 1951 (Bombay XXII of 1951) and in supersession of all the rules made in this behalf, the Government of Gujarat framed rules to provide for regulating the recruitment to the post of Police Sub-Inspector (Unarmed), Class-III, in the Gujarat State Police Service called "the Police Sub-Inspector (Unarmed), Class-III, Recruitment Rules, 2008". Rule 2 thereof provides for the manner of appointment. Rule 2 reads as under :