RATAN SINGH RAJPUROHIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner was recruited through Rajasthan Public Service Commission on the post of Sub-Inspector Police. THE examinations were held for recruiting Sub Inspectors of Police for Rajasthan Police where selected candidates were to be assigned to any of the section according to merit i. e. (a) Armed Police (b) Rajasthan Armed Constabulary & (c) Mewar Bhil Corps. Petitioner's selection was communicated to him vide order dated 17. 03. 99 as Sub-Inspector of Police (Armed Police) and he was sent for training.

(2.) SUBSEQUENTLY, it was discovered that petitioner was not entitled to be assigned as per order dated 17. 03. 99. Another order dated 10. 05. 2000 was passed wherein, he was assigned to Mewar Bhil Corps instead of Armed Police because that was his entitlement in terms of the merit placement. When this change was effected, petitioner approached this Court. An order was passed whereby, this Court directed that petitioner should make a representation before the Director General of Police and he would pass appropriate orders on the representation of the petitioner. An appeal filed against this order was not considered favourably. The representation as was permitted by orders of the learned Single Judge dated 23. 05. 2000 was until then not preferred, therefore, he sought liberty and the same was granted by the Division Bench to prefer the representation after the order of the Division Bench. This may however be clarified here that at no place this was canvassed by the petitioner that in terms of merit, he was rightly assigned to Armed police. In fact, he could be assigned to Mewar Bhil Corps as per his merit. His seniors have also been assigned to Mewar Bhil Corps.

(3.) LEARNED counsel for the respondents per contra has submitted that the case of the petitioner as regards the promissory estopple cannot be considered to be of such a nature so as to warrant the undoing of the provision whereby persons selected into service are to be assigned a section in order of merit. According to merit, the petitioner can only be assigned to Mewar Bhil Corps. He was wrongly assigned to Armed Police. That being the position, the mistake was corrected and in this background, the law relied upon by the learned counsel in the matter of Surya Narain Yadav (supra), will be of no consequence because the facts differ. No such representation was made by the respondents that he will be assigned to Armed Police only but assignment was to be in accordance with the merit and according to merit, petitioner knew he can only go to Mewar Bhil Corps and the mistake was corrected. Therefore, the question of promissory estopple does not arise in the matter.