MOHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCORDING to the petitioners, since they had killed a famous decoit, "Banno Gurjar" in a free fight between the Police and the decoits, they were not only given "Gallantry Award", but were also nominated for Promotion Cadre Course ('PCC, for short) against the vacancies of 2002 -03. The petitioners underwent the said PCC. However, while others were promoted against the vacancies of the year 2002 -03, due to the code of conduct being in force, the petitioners could not be given the said promotion. Eventually, the petitioners were promoted on the post of Head Constable on 05.04.2004 after a clearance was given by the Chief Election Officer. On 12.11.2009, vacancies for the post of ASI were advertised, since the petitioners were eligible for the said post, they applied for the said promotion. However, their candidacy was not considered ostensibly on the ground they were four days short of experience as required on 01.04.2009. It is the petitioners' case that had they been promoted, on 03.03.2003 as their colleague was promoted, they certainly would have possessed the requisite experience. According to the petitioners, they cannot be deprived of the right of consideration on the ground that they are short of four days of requisite experience as the fault does not lie on their part, but the fault lies on the part of respondents. Hence, this petition before this Court.

(2.) VIDE order dated 27.11.2009, this Court had directed the respondents to permit the petitioners to participate in the selection process. Consequently, the petitioners were permitted to participate in the selection process. However, the results of the selection process were kept in sealed cover envelope. Vide order dated 16th March, 2010, this Court directed the respondents to produce the results before this Court. Consequently, the results have been produced today before this Court. According to the results, the petitioners have, indeed, qualified in the selection process.

(3.) LOOKING to the peculiar circumstance of this case, this Court directs the respondents to promote the petitioners on the post of ASI as they have qualified in the selection process. This Court is informed that the training of PCC begin today. The respondents are directed to permit the petitioners to undergo the necessary training.