MUKESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioners laid a challenge to the vires of Rule-7(ka) and (kha) of the Jharkhand State Police Sub-Inspector Limited Departmental Competitive Examination Appointment Rules (Recruitment Procedure) 2016 inter alia on two grounds which have been usefully referred to in our order dated 14th November 2017. For better appreciation the order dated 14th November 2017 is quoted hereunder :-

(3.) Prima-Facie we did not find much substance in the first ground of challenge as the provisions of Rules 721 and 726 fall under Chapter-23 of the Police Manual relating to promotions and allowances and deal with the cases of officers. The impugned Rule does not relate to promotion to the post of an officer. It relates to the appointment through Limited Departmental Competitive Exam to the post of Sub-Inspector which is not a gazetted post. In fact the instant Rule is altogether new Rule framed under the provisions of Article 309 of the Constitution of India by the State Government read with Section 46(3) of the Police Act, 1861. It has been notified on 28th January 2016 vide notification no.252 of the Home, Prison and Disaster Management Department, Government of Jharkhand. This Rule creates a channel of appointment to the post of Sub-Inspector through limited departmental competitive exam for 25% of the post of the promotional quota out of 50% post meant for the cadre of Sub-Inspector, to be filled up from the rank of Constable and Havildar. The respondent-State in its affidavit have clarified that the instant rule was further amended through notification no. 3796 dated 12th July 2017 by deleting the effect of minor punishment from Rule 7(ka) and 8 of the original Rules of 2016. However, as per the appointment rule, a candidate visited with major punishment during his/her service career shall not be eligible to appear in the Limited Departmental Competitive Examination. The advertisement no.09/2017 published by Jharkhand Staff Selection Commission is under the instant Rules for appointment to the post of Sub-Inspector of Police through limited departmental exam.