MUKAT BEHARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AS identical questions of fact and law are involved in all the above 28 cases whose list is appended in the Schedule annexed to this order, the same are disposed of by one single order.

(2.) ALL the petitioners are confirmed constables and working as Head-constables on ad hoc basis. The Rajasthan Police Subordinate Service Rules, 1974 (hereinafter referred to as "the Rules") lay down provision for qualifying examination for sending candidates to the Promotion Cadre Course for appointment by promotion as Head-constables from the post of Constables. For this purpose selection tests were to be held on July 27, 1980. For that purpose a list containing the names of eligible candidates along-with the programme of examinations was issued on July 7, 1980 by the Superintendent of Police, Sawaimadhopur. The selection test was subsequently postponed for August 12, 1980 and finally for September 5, 6 & 7, 1980. The petitioners appeared in the written test held on September 5 & 6, 1980 and qualified in the said test. The petitioners also qualified in the out-door parade test held on September 7, 1980 and were thereafter called for interview. The petitioners after appearing in the interview were declared successful in the qualifying examination as a whole and their names were included in the select-list of candidates for Promotion Cadre Course for the post of Head-constables. On the basis of the inclusion of the petitioners' names in the select-list, orders, dated September 18 & 19, 1980 were issued appointing the petitioners as Head-constables. The petitioners were then sent to undergo Promotion Cadre Course on December 16, 1980. Thereafter the petitioners completed the said Promotion Cadre Course also and were confirmed as Head-constables by different orders in the month of November, 1982.

(3.) IT was also contended by Mr. Calla that the finding that one of the members Mahavir Prasad was not present in the parade and in interview, was absolutely wrong. Said Shri Mahavir Prasad was very much present till the half of the out-door parade test and was verymuch persent at the time of interview. Thus, on the one hand the finding of the Service Tribunal in this regard is factually incorrect and on the other hand presence of all the members of the Board was not at all mandatory nor the absence of one of the members can entail any penal consequences. IT was also contended that the orders, dated June 15, 1982 and April 6, 1983 are in violation of Art. 311 (2) of the Constitution of India and also violative of fundamental rights guaranteed under Articles 14 & 16 of the Constitution of India.