KRISHAN SINGH Vs. STATE AND OTHERS

JUDGEMENT

(1.) The petitioner applied for the post of Constable (Mounted Police) in the Rajasthan Armed Police, in response to the advertisement issued by the respondent in this respect and he was selected on 20.7.1989 but was not appointed on the ground that he had become over-age in view of the new Rules which came into force w.e.f. 14.8.89, although he was eligible at the time when he applied for the post concerned. The petitioner has approached this Court by filing this writ petition. On receipt of the notice, reply has been filed on behalf of the respondents and in the reply it has not been disputed that before coming into force of the Rajasthan Police Subordinate Service Rules, 1989, the petitioner was eligible and was within the age limit and had been selected in accordance with the Rules of 1974 then in force. It is, however, contended that in view of coming into force of the Rules of 1989, the petitioner being ineligible, no appointment could be given to him. In case P. Mahendran Vs. State of Karnataka, AIR 1990 SC 405 it has been held that the rules for selection would be those which were in force at the time of the commencement of the selection. Admittedly, in the present case, the selection process started when the Rules of 1974 were in force and according to the said Rules, the petitioner was eligible and was selected. This position is not disputed by the learned counsel for the respondents who submitted that there is no vacancy at present. It is agreed between the learned counsel for the parties that as and when any vacancy for the post of Constable (Mounted Police) in the Rajasthan Armed Police occurs, it would be given to the petitioner without any further selection and without any formality.

(2.) Consequently, it is directed that on the first vacancy occurring in the Rajasthan Armed Police, of the post of Constable (Mounted Police), the post would be given to the petitioner by the respondents. The writ petition stands disposed of accordingly with no order as to costs. Writ Petition Allowed.