ARBIND KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) These five writ petitions challenging the validity of the appointment of Sub-Inspectors of Police/Reserve Sub-Inspectors in the Bihar Police Service have been heard together and are disposed of by this common judgment. C.W.J.C. Nos. 7189, 7510 and 7607 of 1994 have been filed by unsuccessful candidates, C.W.J.C. No. 7706 of 1994 has been filed by an association, called Daroga Pariksharthi Sangh, 1993-94, and its Secretary, purporting to represent the interest of the examinees. C.W.J.C. No. 5447 of 1994 has been filed as a public interest litigation.

(2.) The appointment of Sub-Inspectors of Police in the State of Bihar is governed by the Bihar Police Manual. The relevant provisions are contained in Chapter 20 of Volume I of the Manual. As per the Scheme originally envisaged, appointment was to be made by the Deputy Inspector-General (Administration) on the basis of the selection made by the Bihar Public Service Commission. The Commission was required to hold the physical tests, the written test and the interview of the eligible candidates on receipt of the requisition in respect of the 50 percent vacancies on the post (rest to be filled up by promotion from amongst the Assistant Sub-Inspectors). Some of the provisions, to be precise, Rule 653 (a), Rule 654(a), (b) and (e), Rule 655, Rule 656(a) and Rule 658, were amended on July 13,1993. By reason of the said amendments, inter alia, the selection is now to be made by a Committee headed by the Director General and Inspector General of Police (DGR in short). I shall refer to the relevant provisions, as amended, at the appropriate place in the judgment.

(3.) On July 18, 1993 an advertisement was published by the Member-Secretary of the Selection Committee, bearing Advertisement No. 002/93, inviting applications for appointment of 1625 Sub-Inspectors of Police and 15 Reserve Sub-Inspectors laying down, inter alia, the eligibility regarding age, height and chest measurement and weight (in the case of female candidates). It is said that pursuant to the said advertisement as many as 1,80,000 applications were received. The physical tests as prescribed in Appendix. 38 of the Police Manual (Volume III) were held at different places. After the said tests, about 32,000 candidates qualified for the written test. It may be mentioned here that in terms of the provisions as contained in Clause (c) of Rule 654 as well as para 8 of Appendix 38, only those candidates who pass the physical tests are allowed to appear at the written test. The written test was held in January 1994. As. per the result of the written test, published on June 2, 1994, 5,143 candidates were called for interview. The final result in respect of the 1640 successful candidates was published on August 15, 1994. Appointment letters were issued to the successful candidates and they were sent to the Police Training College, Hazaribagh for training. The Principal of the Training College initially expressed reservation about availability of accommodation and training facilities to such a large number of trainees at one time. He also appears to have had reservation as to the physical and medical 'fitness of some of the candidates. He, accordingy, got the trainees measured and weighed (in the case of female trainees). After scrutiny which he appears to have made with the help of the police doctor posted at the Training College, he came to the conclusion that as many as 338 candidates were 'unfit'. Their joining was nevertheless accepted provisionally. An order, described as Training Range Order No. 2511/94, to that effect was issued on September 9, 1994. On representation of the concerned trainees who had been found to be 'unfit', on the direction of the Chief Minister, the Inspector General of Police (Training) scrutinised the disputed cases on September 11 and 12, 1994. He too found some of the candidates, to be precise 24 as against 338 found by the Principal of the College, to be unfit. The report to the above effect was submitted on September 13, 1994. Some of these writ petitions had already been filed by then.