AMRUTBHAI DHANJIBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As all these Special Civil Applications are almost of the same facts as well as grounds and as the challenge and prayers made in these Special Civil Applications are also similar, the same are being disposed of by this common order. In these matters, leading arguments have been advanced by Shri S. K. Jhaveri, learned Counsel for the petitioners in Special Civil Application Nos. 6822 of 1987 and 338 of 1990. Shri D. M. Thakkar, learned Counsel for petitioners in Special Civil Application No. 1872 of 1989 adopted the submissions made by learned Counsel Shri S. K. Jhaveri.

(2.) The respondents have not filed any reply to the Special Civil Application, except in Special Civil Application No. 6822 of 1987. After filing of these Special Civil Applications, certain other events have taken place and as such, the facts have to be referred with reference to Special Civil Application Nos. 6822 of 1987 and 338 of 1990.

(3.) The petitioners in these Special Civil Applications are employed as police constables in armed branch of the police department of the Government of Gujarat. All the petitioners are having educational qualifications of S.S.C. and/or Matriculate. The petitioners have come up with the case that there are two cadres of constables, viz., unarmed constable and armed constable in the police department of the State of Gujarat. The better educated persons are recruited in unarmed branch and persons having lesser educational qualifications are recruited in armed branch. The respondent No. 2, vide its memo dated 6th March 1979, pointed out that the persons who have studied upto Matriculate and above should be recruited in unarmed branch unless any of them desires specifically to join armed branch and insofar as such persons were recruited in the armed branch, that Circular stated that the Matriculate recruits should be transferred to unarmed branch and be sent for training to police school, Vadodara. A copy of the Circular has been submitted by the petitioners in the Special Civil Applications. Reference has also been made to the earlier Circular on the subject dated 7th October 1976, of which, I shall make reference in the later part of the judgment. The petitioners submit that in view of the said Circular, the constable in the armed branch having qualifications of Matriculate or above in various Districts of the State were being transferred to the unarmed branch whenever vacancies arose. The Director General and Inspector General of Police, Gujarat State, Ahmedabad, in his Circular No. MKM/1685/Trans. APC/KH/25866 dated 24th October 1985, wherein the earlier two Circulars aforesaid were cancelled and directed that henceforth, the armed constables who have passed S.S.C. or higher educational qualifications can be transferred to unarmed branch in course of time and according to suitability. This suitability may be decided by C.P./D.S.P. based on a constable's performance.