SWAPNANEEL DEKA Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this O.A. applicants assail the provision of limited departmental examination for recruitment of a limited number of Indian Police Service (hereinafter would be referred to as IPS) officers from amongst existing police officers working in various State Governments in addition to the direct recruitment method already in vogue. Mr. N. Dutta, Senior Counsel assisted by Mr. R. Borpujari, learned Counsel for the applicants appeared before us. It was submitted by the learned Senior Counsel that applicants are rendering their respective services in the Assam Police Service in the rank of Deputy Superintendent of Police and or above, and they are eligible to be promoted/selected to Indian Police Service. The applicants are also eligible under the Assam -Meghalaya Joint Cadre Police service.

(2.) LEARNED Senior Counsel challenged the validity of the (i) impugned amendment of the IPS (Recruitment) Rules, 1954, which was made by substituting Clause (b) of Sub -rule (1) of Rule 4, and, by inserting Rule 8 in the said Rules, for the purpose of recruitment to IPS by limited competitive examination, notified vide Gazette Notification No. G.S.R. dated 29.8.2011; (ii) Gazette of India, Extraordinary bearing G.S.R. No. 116(E) dated 3.3.2012 wherein the Rules for a limited competitive examination to be held by the UPSC in 2012 for the purpose of filling up of vacancies in the IPS have been notified, and; (iii) the Examination Notice No. 05/2010 -IPSLC dated 10.3.2012 published by the UPSC proposing to hold a limited departmental examination from 20.5.2012 for the purpose of filling vacancies in the IPS in accordance with the Rules published in the Gazette of India Extraordinary dated 3.3.2012.

(3.) LEARNED Senior Counsel further stated that it was incumbent on the respondent authorities to consult the Joint Cadre Authority for the States of Assam and Meghalaya before making the impugned amendment of the IPS (Recruitment) Rules, 1954 and publishing the impugned Examination Notice, but the same was not done.