SANJAY BALIRAM DHAMAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, returnable forthwith. By consent, called for hearing.

(2.) By these writ petitions, the petitioners challenge the common judgment and order dated 5th May 2006 passed by the Maharashtra Administrative Tribunal (for short "the MAT") in Original Application No.1061 of 2004 along with other applications. Before the MAT, the petitioners had sought a declaration that the computation of vacancies by the respondent no.1 of 300 posts for Police Sub-Inspectors (for short "the PSI") to be filled by Limited Departmental Examination - 1992 was illegal and wrong and further declaration that there existed additional vacancies to the extent of 1571 posts. They further sought a direction to the respondent no.1 fill up the said vacancies to the extent of 1571 posts of PSI by appointing the petitioners and others who were not recommended for appointment to the posts of PSI by limited departmental examination by the respondent no.2 - the Maharashtra Public Service Commission (for short "the M.P.S.C."). Before us, an oral prayer was made that a mandamus or a direction in the nature of mandamus be issued to the respondent no.1 State to appoint the petitioners as PSI and send them for training to the Police Academy, Nasik prior to their appointment as PSI.

(3.) The petitioners are serving as Police Havaldars, Constables, Police Head Constables, etc. (hereinafter referred to as "police constables") who are eligible for promotion to the posts of PSI. As per the Police Sub-Inspector (Recruitment) Rules, 1995 (for short "the Recruitment Rules") appointments in the posts of Sub-Inspectors of Police (PSI) are to be made from three sources, namely (i) by promotion of suitable persons on the basis of seniority subject to fitness from amongst the persons holding the posts of Havaldars and Assistant Police Sub-Inspectors in the Police Force who have completed not less than 5 years of continuous regular service (for short "by regular promotion"), or (ii) by selection of persons working in the Police Force on the basis of Limited Departmental Examination to be held by the MPSC (for short "limited departmental examination"), or (iii) by nomination on the basis of result of a competitive examination to be held by the MPSC. in accordance with the Rules made in that behalf from time to time (for short "direct recruits"). The appointments to the posts of PSI from the aforesaid three sources, viz. by promotion, limited departmental examination, and direct recruits are to be made in the ratio of 25:25:50.