STATE OF U P Vs. RAM SEWAK

JUDGEMENT

(1.) THE Respondents, who are Constables in U.P. Police applied for promotion to the posts of Head Constables. As they were not found eligible they were not sent for training of Head Constable. Being aggrieved thereby, they filed a writ petition before this Court in which an interim order was passed on 18.12.1990 directing the Respondents therein to send them for training of Head Constable. in pursuance of the above interim order, Respondents were allowed to join the training of Head Constable. After they had completed the course, they made an application before the learned Single Judge for issuing a direction to the State to declare their result and appoint them as Head Constable. Learned Single Judge on 5.11.1992 allowed the writ petition with the observation that as the Respondents have already completed the training, it is not necessary to decide the writ petition on merit "because after the interim order if this Court the Petitioners have undoubtedly completed more than three years after doing the training of Head Constable and hence they are qualified in the examination." Learned Judge accordingly issued a mandamus directing the Respondents to the writ petition to declare the result of the Respondents herein and if they are found successful, they should be posted as Head Constable. Against the above judgment of the learned Single Judge, this appeal has been filed.

(2.) WE have heard learned Counsel for the parties. Learned Counsel for both the parties have requested that this appeal may be disposed of finally at this stage.

(3.) IF a person is not eligible for being promoted or appointed to a higher post, this Court has no Jurisdiction to direct the promotion or appointment to such a post. By the interim order, no vested rights are created in favour of any party. If this Court has permitted the Petitioners/Respondents to undergo the training of Head Constable, they cannot be appointed to that post even if they have completed the training unless they satisfy the Court about their eligibility. Any direction by this Court to promote them to the post of Head Constable without deciding the question of their eligibility for promotion is absolutely without authority of law and cannot be sustained. Consideration of sympathy in disregard of law cannot be sustained. In this connection, reference may be made to the Life Insurance Corporation of India v. Asha Ramchandra Ambekar and Anr. : JT 1994 (2) SC 183, wherein Supreme Court has laid down as: