RAMCHANDRA OJHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed on behalf of the petitioners for a writ of mandamus, directing the respondents to make the requisite declaration under Rule 2(g)(ii) of the Indian Police Service (Recruitment) Rules, 1954 (hereinafter referred to as 'the 1954 Rules') that the petitioners are members of a duly constituted Police Service functioning in the State of Bihar which is equivalent to the Bihar State Police Service.

(2.) Petitioner No. 1 appeared at the 23rd Combined Competitive Examination of the Bihar Public Service Commission (hereinafter referred to as 'the Commission') in the year 1974. On the recommendation made by the Commission, he was appointed as District Commandant, Bihar Home Guards, on 1 -3 -1977. Petitioner No. 1 claims to have received police training along with other Deputy Superintendents of Police of his batch, in the Police Training College, Hazaribagh including investigation etc. After completion of the training, he joined on 9 -3 -1978 as District Commandant, Home Guards at Ranchi. The other petitioners also claim to have appeared at different Competitive Examinations and on the basis of the recommendation of the Commission they were appointed as District Commandant, Home Guards. It is the case of the petitioners that the Bihar Home Guards Organisation is a duly constituted Police Force under the Bihar Home Guards Act, 1947 to assist the maintenance of law and order, as such the petitioners should be held to be the members of a duly constituted Police Service functioning in the State of Bihar which ought to have been declared by the State Government to be equivalent to the Bihar State Police Service so that the cases of the petitioners could have been considered for promotion to the Indian Police Service in accordance with 1954 Rules.

(3.) The relevant part of Rule 2(g)(ii) while dashing 'State Police Service' says as follows: 2 (g)(ii) in all other cases, the principal police service of a State, a member of which normally holds charge of a sub -division of a district for purposes of police administration and includes any other duly constituted police service functioning in a State which is declared by the State Government to be equivalent thereto. Rule 4 prescribes the method of recruitment to the Indian Police Service, including by promotion, of substantive members of a State Police Service. Rule 9 provides the procedure for recruitment by promotion of members of a State Police Service to the Indian Police Service in accordance with such regulations which may be framed.