LAXMAN ROUT Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THE common dated 11.6.2002 at Annexure - 2 made by the Member (Judicial), Orissa Administrative Tribunal, Cuttack Bench, Cuttack the subject -matter of challenge in the above four writ petitions. By the impugned common order the Tribunal has dismissed five original application (O.A. Nos. 790 (C)/2001, 791(0/2001, 1036(0/2001, 870(0/2002 and 871(0/2002) which were filed on behalf of the present writ petitioners. The Tribunal in the impugned order has held that the Inspector General of Police has not committed any illegality by enhancing the minimum pass marks from 30% to 50% in the examination to select constables for nomination to the Course of A.S.I, training.

(2.) THE petitioners' case is that they are serving as constables in the Police department for more than a decade. Rule 660 of the Police Manual prescribes a written test to select constables for nomination to the A.S.I.'s course of training. Although in the year 1983/84 a test was held for the purpose, thereafter no test was conducted till the last selection which was held on 18.6.2000 result of which was declared on 11.3.2001. As the name of none of the petitioners found place in the select list, they filed the aforesaid original applications before the Tribunal.

(3.) CASE of the opposite parties before the Tribunal was that on account of intervention of the Tribunal in O.A No. 292 of 1989. no test could be conducted earlier because it was the direction of the Tribunal that unless the list of 1983 - 84 is exhausted, no recruitment test would be held for general candidates. Accordingly recruitment tests were held only for reserved candidates in between 1991 and 2000 on different occasions. Their further case is that in the last test for the reserved candidates pass mark was enhanced to 50%. Rule 660(c) of the Police Manual provides that the marks for each subject and the time to be allowed for each will be prescribed by the D.G. of Police. As the number of candidates was very large, process of short -listing was adopted by enhancing the pass mark from 30% to 50% as per the orders of the D.G. of Police.