(1.) The claim of the petitioner is to quash the decision of the respondent-authorities by which his name has not been placed on the approved list of Assistant/Commandants for appointment to the rank of Second-in-Command, as also to issue a direction commanding the respondents to place his name on the approved list of candidates for appointment as Second-in-Command in order of seniority, i.e. below Sh. R.S. Virk and above Sh.Thomas Kurian. The relief claimed by the petitioner flows from the following facts :-
(2.) The conditions of service in the C.R.P.E are governed by C.R.P.F. of 1949 and the rules made thereunder in the year 1955. In pursuance of the powers conferred on the Central Government under Section 18 of fhe C.R.P.F, Act, Central Reserve Police Force Rules. 1955, were framed. The composition of the posts and various ranks in the heirarchy are given in rule 5, relevant part of which runs thus :-
(3.) Appointment and promotion to the post of Commandant is governed by rule 105 of the aforesaid Rules, relevant portion of which is as below :-