RAJ KUMAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE grievance of the petitioner in this writ petition under Art. 226 of the Constitution of India is that despite of his meritorious success in a competitive examination, appointment has been denied to him by the Appointing Authority on an erroneous interpretation of the Rajasthan Police Sub -ordinate Service Rules, 1974 (here in after referred to as 'the Rules'). The controversy involved is simple and lies within a narrow compass. The Rajasthan Public Service Commission invited applications in the prescribed form for direct recruitment for the posts of Sub Inspector of Civil Police including Intelligence Branch, Armed Police and Platoon Commander (Rajasthan Armed Constabulary) in 1981. Column No. 1 of the application form related to the order of preference for the posts to be filled in by she candidate. The petitioner in his application form (Anx. R/1) expressed his preference only for Civil Police and Intelligence Branch falling under Section I of Rule 4 of the Rules. In the examination conducted (including written, Aptitude Test and interview), the petitioner secured 95th position by obtaining 306 marks out of the total of 500. Since, he was not in the merit list prepared for the posts of Civil Police and Intelligence Branch in accordance with the preference expressed by him, he was not appointed. Though, he could be appointed in the Armed Police and Rajasthan Armed Constabulary according to his position in order of merit, he was not appointed for the simple reason that he had not expressed his Preference for them in Column No. 1 of his application form. It was alleged by the petitioner that three candidates being respondents No. 4, 5 and 6 at position 96th to 98th in the merit list, though less meritorious to him were appointed to the posts of Platoon Commanders in Rajasthan Armed Constabulary. This amounts to a clear violation of Articles 14 and 16 of the Constitution. It was prayed that appropriate directions be issued to the respondents viz. State of Rajasthan, Rajasthan Public Service Commission and Inspector General of Police (IGP) to appoint him in any of the sections of Sub -Inspector according to his position in the merit list prepared for the purpose.

(2.) THE petition was opposed by respondents No. 1 to 3 and 6, though through separate written replies, but on the common ground that since the petitioner had expressed his preference only for; - (1) Civil Police, and (2) Intelligence Branch, he can not be considered for appointment to any other section of service viz. Armed Police or Rajasthan Armed Constabulary. He was not in the merit list prepared for the posts of his preference, appointment in those branches (Civil Police and Intelligence Branch) was rightly refused to him.

(3.) ADMITTEDLY , the petitioner secured 95th position in the competitive examination. In the application form, he expressed his preference only for one section of service consisting of Civil Police and Intelligence Branch. He could not secure a proper position in the merit list for appointment to the service of this section. Candidates securing position lower than him in the merit, have been appointed in the Rajasthan Armed Constabulary. He was not considered for appointment a Platoon Commander in the Rajasthan Armed Constabulary solely on the ground that he had not expressed his preference for it in his application form.