INDU MALHOTRA, J. - (1.) The Government of Maharashtra issued a requisition on 02.06.2016 to the Maharashtra Public Service Commission ("MPSC") to conduct the Limited Departmental Competitive Examination("LDCE") for selection of candidates to the post of Police Sub Inspector.
(2.) The Home Department, Government of Maharashtra vide Government Circular dated 27.06.2016 notified 828 vacancies, out of which 642 were from the open category, and 186 were from various reserved categories, for promotion to the post of Police Sub-Inspector through the LDCE-2016. The selection was governed by the provisions of the Police Sub-Inspector (Recruitment) Rules, 1995. The relevant Rules are extracted hereunder: "Rule 3 : Appointment to the post of Sub-Inspector of Police in the Police Force in the State of Maharashtra shall be made either: (a)by promotion of a suitable person on the basis of seniority subject to fitness from amongst the persons holding the posts of Havaldar and Assistant Police Sub-Inspector in the Police Force who have completed not less than five years continuous regular service or seven years broken service and who qualify in the departmental examination held by the Director General of Police in accordance with the rules laid down in paragraph 5 of the Government Resolution No. PSB. 0390/CR-408/POL-5-A, dated 5th July 1995, 1994 Or (b) by selection of persons working in the Police Force on the basis of the result of the limited departmental examination held by the Maharashtra Public Service Commission for appointment to the post of Sub-Inspector of Police for admission to which a candidate shall- (i) not be more than 35 years of age : Provided that, relaxation of age of five years may be granted to candidates of Backward Classes and- 'Provided also that, the candidates who were eligible to appear for the limited departmental examination after 1st January, 1991, but who were not allowed to appear for the limited departmental examinations held in 1998 and 2002 on account of the age limit, shall be given three chances to appear for next consecutive examinations. (ii) have completed a minimum regular service as Police Constable with educational qualifications as mentioned below Minimum Regular Service Educational Qualification JUDGEMENT_16_LAWS(SC)2_2021_1.JPG Passed the Secondary School Certificate examination (c) by nomination on the basis of the result of a competitive examination held by the Commission in accordance with the rules made in this behalf from time to time, and for admission to which a candidate shall :- (i) not be less than nineteen years of age and not more than (twenty-eight years) of age on the date specified by the Commission Provided that the maximum age limit may be relaxed upto (thirty-one years) in respect of candidates belonging to the Backward Classes: Provided that an ex-serviceman who has served continuously in the Armed Forces for a period of not less than 5 years may be allowed to deduct from his age, the period of 2 years over and above the length of his continuous service in the Armed Forces upto the date of release from service. (ii) Possess a degree or any other qualification declared by the Government to be equivalent thereto; (iii) Possess the following minimum physical measurements, namely : JUDGEMENT_16_LAWS(SC)2_2021_2.JPG Rule 4: Appointment to the post of Police Sub- Inspector by promotion, selection on the basis of limited departmental examination and nomination shall be made in the ratio of 25:25:50. Rule 5: Notwithstanding anything contained in these rules, if in the opinion of Government, the exigencies of service, 'so requires, Government may with prior consultation with MPSC make appointment to the post of Police Sub-Inspector in relaxation of the ratio prescribed for appointment by promotion selection on the basis of limited departmental examination or nomination."
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