BAIDYANATH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THERE are fifteen petitioners before this Court who are posted as Reserve Sub Inspectors and Reserve Inspectors (posts previously known as Sergeant and Sergeant Major respectively). They seek to challenge the notification, dated 26.2.1992 (Annexure 1) introducing certain amendments in the Bihar Police Manual, a Compendium of rules framed under Article 309. of the Constitution. The main challenge is to the amendment in rule 660. by which relaxation is made in academic qualification for promotion from the post of Reserve Inspector, Training (previously known as Subedar) to the post of Deputy Superintendent of Police. In terms of the amended rule it would be sufficient for a Reserve Inspector, Training to be a matriculate only and he need not have passed a degree examination from an Indian University for promotion to the post of Deputy Superintendent of Police. The challenge to the amendment is on the ground that it is calculated to undo a direction given by the Supreme Court on the basis of the statements made before it on behalf to the State Government in Teerth Narain Mallick and others. V/s. State of Bihar and others, AIR 1987 S.C. 1195 : 1987 PLJR (SC)21.

(2.) THIS case has a history behind it, which is required to be stated briefly in order to properly appreciate the true scope and nature of the present controversy. Some time in the year 1979 the State Government created 118 posts of Subedars to be filled up on promotion from Jamadars (presently known as Reserve Sub Inspector, Training). The additional 118 posts of Subedar were created professedly because Jamadars had no promotional avenue and it was for that reason that those additional posts were decided to be filled up by promotion only from Jamadars.

(3.) AT that stage 75 persons posted as Sergeants came to this Court in C.W.J.C. No. 3678 of 1979. They made a grievance against their being excluded from consideration for promotion to the newly created posts of Subedars and sought a direction that they should also be taken into consideration for promotion against those posts. It was their case that Sergeants and Jamadars constituted one class in which Jamadars ranked junior to the Sergeants. It followed, therefore, that in case Jamadars alone were considered for promotion as Subedars, which was a post higher than Sergeant, it would be an act of patent discrimination against the Sergeants in as much as following the promotion Jamadars would be put above Sergeants and a Sergeant will have to work under a Jamadar after his promotion as Subedar. It was further stated by the Sergeants that this could also affect their chances of future promotion in the rank of Deputy Superintendent of Police.