M K RAINA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition is filed for quashing Government order No; 2157 -CD of 1973 dated August 4, 1973 by a writ of Certiorari by which respondents 3 to 6 have been appointed in I.P.S. Cadre and for such appropriate directions or order as may be necessary in the case to grant relief to the petitioner.

(2.) IT is stated in the petition that the petitioner was confirmed as Superintendent of police in the State Cadre vide Government order No; Home -263 (Police) of 1973 dated June 12, 1973. The educational qualifications with experience and personal qualifications are enumerated by the petitioner in his petition, the reproduction of which is not necessary, as the dispute in the present petition falls within a short compass as to the appointment of respondents 3 to 6 and the selection of the respondents 3 to 11 in the IPS Cadre allegedly ignoring the seniority of the petitioner can be sustained.

(3.) THE main grievance of the petitioner lies against the respondents on the plea that the petitioner being senior to the respondents 3 to 11 was entitled to be appointed & selected in the IPS Cadre over and above the respondents. It is alleged that the petitioner has better claims in so for as the seniority is concerned against respondents 3 to 6 as he stood at Serial No;5 in the seniority list issued from time to time; whereas respondent No:3 stood at serial No; 6, respondent No,4 at serial No; 10, respondent No; 5 at serial No; 17, and respondent No: 6 at serial No; 25. The petitioner further states that the Selection Committee constituted under the relevant rules for selection to the IPS Officers cadre did not consider the case of the petitioner & all ACRs were never examined nor was he ever called for any interview even his name was not included in the list of persons proposed by the Government for selection to IPS cadre. Against the selections the petitioner represented his case to the State Government, by which its order dated April 18, 1974 reported that the Union Public service Commission (for short called the U.P.S.C.) did not find the petitioner suitable on the basis of merit and suitability and that his case will be considered again in due course of time. The petitionerâ„¢s memorandum to the President of India was also rejected giving rise to the present petition praying for the relief as stated hereinabove.