GOKUL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Letters Patent Appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 is directed against the judgment and order dated 6. 4. 1998 passed by the learned Single Judge, whereby the petition was dismissed.

(2.) THE appellant, who was original petitioner before the learned Single Judge (shall be referred to as petitioner hereinafter) claiming to be a graduate, was holding the post of Asstt. Sub Inspector since June, 1988 and had also been confirmed on the said post later on. THE said post is a post under the Rajasthan Police Subordinate Service Rules, 1989 (hereinafter referred to as the Rules of 1989) -a post created under the Rules of 1989. Prior to his promotion as Asstt. Sub Inspector, he was a confirmed Head Constable under the Rules in force. Head Constable is a post in the channel of promotion for further promotion to the post of Sub-Inspector and still next higher post is that of Inspector for which the Sub-Inspector is the next lower post in the channel of promotion. So far as the post of Sub-Inspector under Section-II, Mewar Bhil Corps (M. B. C.) of the Schedule-I of the Rules of 1989, is concerned, the appointments are required to be made 50% by promotion and 50% by direct recruitment and the eligibility for promotion is either seven years of continuous service as Head Constable or 5 years of continuous service on the said post, if passed higher secondary examination or any other examination declared equivalent thereto by the Government, or 4 years continuous service with graduation.

(3.) ALONGWITH so called `cross-objections', a document dated 25. 11. 1997 was filed as Annexure-R/3 and in this document, it has been held out that the name of the petitioner was not included in the list of eligible candidates for the post of Inspector because as on 1. 4. 1997, three persons including the petitioner at S. No. 2 had not completed the period of five years service from the date of their regular promotion as Sub- Inspector. In Column No. 5 of this very letter, the date of the petitioner's regular promotion as Sub-Inspector is mentioned as 5. 2. 1993 and his year of selection in the same order in Column No. 6 is mentioned as 1991-92.