VINOD KUMAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The writ petition is filed by Assistant Sub-Inspectors, Prohibition seeking interference to Rule 11(4) of the Bihar Subordinate Prohibition Service Rules, 2017 (for brevity 'Rules of 2017). The challenge is insofar as, the extinguishing completely, the avenue of promotion to the post of Sub- Inspector; to non-graduate Assistant Sub-Inspectors.

(2.) The petitioners were appointed as Constable, Excise and were promoted to the post of Assistant Sub- Inspector, Excise and they have more than long years of service in the Excise Department. Prior to the introduction of the Rules of 2017, the Assistant Sub-Inspectors were considered for promotion on the basis of their suitability and seniority without any specification of minimum educational qualification. The Rules of 2017 abruptly changed the criteria and introduced graduation for promotions; which promotions were allotted quota of 25%.

(3.) The Bihar Subordinate Prohibition Service (Recruitment and Service Conditions) (Amendment) Rules, 2018 rechristened the Rules of 2017 as The Bihar Subordinate Prohibition Service Rules and further amended sub-rule (4) of Rule 4 making provision for 50% of total sanctioned strength of Sub-Inspectors to be filled by direct recruitment and remaining 50% to be filled up by promotions from amongst Assistant Sub- Inspectors on seniority cum eligibility. The petitioners lament that since they are non-graduates their only avenue of promotion is shut for ever.