PURAN CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ petition by one Puran Chand, a member of the Rajasthan Armed Constabulary, for an appropriate writ, direction or order. He has prayed that the respondents be restrained from holding the qualifying test from the 5th January, 1970 at Jodhpur and further the respondents be directed to put the name of the petitioner on the approved list of the Head Constables for promotion to the Platoon Commander and to promote him in accordance with the Rajasthan Police Subordinate Service Rules, 1966. He has also prayed for some ancillary reliefs.

(2.) THE petitioner was enrolled as a Constable in the Rajasthan Armed Constabulary in the year 1951. In 1953 he came to be promoted as a Head Constable in the Rajasthan Armed Constabulary. In the year 1966 he was posted in the North Eastern Frontier Agency in the 8th Battalion of the Rajasthan Armed Constabulary. On 19-7-66, the Deputy Inspector General, Rajasthan Armed Constabulary, Jodhpur sent a circular to all the Battalion Commanders calling upon them to hold qualifying tests and then select candidates for the promotion cadre course of the Platoon Commanders. THE petitioner took the qualifying test at Dibrugarh and he was selected for the promotion cadre course of Platoon Commanders. THE petitioner had undergone the promotion cadre Course at the R. A. C. Training Centre, Jodhpur in 1967 and on completion of the course he was relieved to join his Battalion. According to the petitioner, however, the results of the promotion cadre course were not formally declared. While the petitioner was expecting that: his name would be placed on the approved list for the purpose of promotion of Battalion Commanders he received a message that he has to give the qualifying test afresh. THE proposed test was, however, postponed from time to time, but in the year 1969 the petitioner was asked to take the test which he did under protest. THE petitioner claims that in accordance with the Rajasthan Subordinate Service Rules, 1966 on the completion of the promotion cadre course his name was required to be included in the list of approved candidates for promotion which the respondents had never done. THE petitioner contends that the respondents were under a duty to declare the result of the promotion cadre course undertaken by the petitioner and to include his name in the approved list and further they could not have called upon the petitioner to undergo the fresh qualifying test for the promotion cadre course.

(3.) HERE the petitioner stands in a less favourable situation. His name was recommended for the promotion cadre course on his having passed the qualifying test and he had undergone the promotion cadre course, but thereafter his name was not included in the approved list. Before that stage could be reached the whole thing was snapped under orders of the Inspector General of Police. As I have already observed, the matter was governed by the administrative instructions here, whereas in the Supreme Court case (1) there were the statutory rules governing the question of inclusion of one's name in the eligibility list. One may have sympathy for the petitioner who was made to undergo the qualifying test more than once and it was unfortunate that on the second occasion he lost the chance, but inspite of in the absence of his having a legal right the Court cannot give him any relief.