VENKATARAMIAH - (1.) THE above appeal by special leave arises out of a writ petition filed by the appellants in the High Court of Delhi for the issue of a direction to the Delhi Administration to appoint them as police Constables.
(2.) PRIOR to the coming into force of the Delhi Police Act, 1978 (Act No. 34 of 1978) (hereinafter referred to as 'the Act') with effect from the 1st day of July, 1978, there was in force in the Union Territory of Delhi the Police Act, 1861. On the commencement of the Act, the Police Act, 1861 ceased to be in force in Delhi by virtue of section 149 of the Act. The first proviso to section 149(1) of the Act, however, provided that all rules and standing orders (including the Punjab Police Rules, as in force in Delhi) made under the Police Act, 1861 would be in so far as they were consistent with the Act be deemed to have been respectively made under the Act. Accordingly the Punjab Police Rules, 1934 as in force in Delhi which had been enacted under the Police Act, 1861 continued to be in force even after the commencement of the Act. Chapter 12 of the Punjab Police Rules, 1934 contained the rules relating to the appointments and enrolments of Assistant Superintendents of Police, Deputy Superintendents of Police, Inspectors, Sergeants, Assistant Sub-Inspectors, Range Auditors, Head Constables and Constables. Recruitment to the cadre of Constables was done under rules 12.12 to 12.22 of the Punjab Police Rules, 1934. Rules 12.14 and 12.15 dealt with the status of the recruits, the qualifications, age and the physical standards which the recruits had to satisfy. Rules 12.14 and 12.15 of the Punjab Police Rules, 1934 read as follows : "12.14. Recruits - Status of. (1) Recruits shall be of good character and great care shall be taken in selecting men of a type suitable for police service from candidates presenting themselves for enrolment. 2. The enlistment in the police of Gurkhas of Nepalese nationality is absolutely forbidden. The enlistment of Gurkhas, who can prove British nationality or continuous domicile, is permitted, but only with the formal sanction of the Deputy Inspector-General. Before giving sanction the Deputy Inspector General should verify the nationality of the proposed recruit by a reference to the recruiting Officer for Gurkhas. (3) Sons and near relatives of persons who have done good service in the Punjab Police or in the Army shall, subject to the consideration imposed by rule 12.12 have preference over the other candidates for police employment. 12.15. Recruits - age and physical standards of (1) Recruits shall be not more than 25, or less than 18 years of age, at the time of enrolment, and shall have a minimum height of 5'-7" - "and normal chest measurement of 33", with expansion of 1-1/2 inches. These physical standards shall not be relaxed without the general or special sanction of the Deputy Inspector-General. A general reduction of the standard may be allowed by Deputy Inspectors-General in the case of special castes or classes, which provide desirable recruits, but whose general height does not come up to that prescribed. In such cases a standard of chest measurement and general physique shall be fixed, which will permit the enlistment of strong and wellproportioned youths of the class in question. (2) The greatest care shall be taken to ensure that the age of every police officer is correctly recorded at the time of his enrolment and appointment. The record then made becomes of the utmost importance when the question arises of an officer's right to pension, and is accepted as decisive in the absence of full proof both that the original entry was wrong and that the date of birth originally given was due to a bona fide mistake. A copy of this rule shall be pasted inside the cover of the recruit register (form 12.13) and the attention of the Civil Surgeon shall be drawn to it." Section 147 of the Act authorises the Administrator (Lt. Governor of the Union Territory of Delhi) to make rules for carrying out the purposes of the Act. Clause (a) of Section 147 (2) of the Act expressly states that such rules may provide for recruitment to, and the pay, allowances and all other conditions of service of the members of, the Delhi police under clause (b) of section 5. In exercise of the said power the Administrator (Lt. Governor of the Union Territory of Delhi) promulgated the Delhi Police (Appointment and Recruitment) Rules, 1980 (hereinafter referred to as "the Rules") providing for the appointments of Inspectors, Sub-Inspectors, Assistant Sub-Inspectors, Head Constables and Constables. Rule 9 of the Rules laid down the procedure for the recruitment of the constables. The said rule, as it was originally promulgated, read as follows : "9. Recruitment of Constables. - Delhi being a cosmopolitan city it is imperative to attract candidates from all parts of the country. (ii) The recruitment of constables shall be done twice a year in the months of January and July by the Board to be nominated by Commissioner of Police as per Rule 8. (iii) The Commissioner of Police may also order special recruitment at any time if there are sufficient number of vacancies and the panels prepared earlier have exhausted. (iv) A Panel shall be drawn up of selected candidates on the basis of existing and anticipated vacancies. This panel shall be valid till the next recruitment is held. (vi) Physical, educational, age and other standards for recruitment to the rank of Constables shall be as under :- JUDGEMENT_631_1_1987Html1.htm (vii) The Commissioner of Police shall frame standing orders prescribing application forms and detailed procedure to be followed for conducting physical efficiency, physical measurement, written tests and viva-voce for regulating the above mentioned recruitment. The Rules were amended by the Administrator (Lt. Governor of the Union Territory of Delhi) on 2/05/1983 and one of the amendments made on that occasion was the addition of Rule 32 to the Rules. The new Rule 32 of the Rules reads as follows :- "All provisions contained in the Punjab Police Rules as applicable to the Union Territory of Delhi, relating to appointments and recruitment of employees are hereby repealed, subject to the provisions as contained in the provisos to sub-sections (1) and (2) of section 149 of the Delhi Police Act, 1978."
(3.) THE Rules were again amended in 1985. On that occasion rule 9 of the Rules which provided for the recruitment of the Constables was amended but we are not concerned with these amendments made in the year 1985 since we are concerned in this case with the rules which were in force prior to the above said amendment. Rule 30 of the Rules which is relevant for purposes of this case reads as follows : "30. Power to relax. - When the Administrator is of the opinion that it is necessary or expedient so to do, he may, by order, for reasons to be recorded in writing, relax any of the provisions of these Rules with respect to any class, category, or persons or posts or in an individual case." As stated at the commencement, this appeal arises out of the writ petition bearing No. C. W. P. No. 1891 of 1982 : (reported in 1984 Lab IC 542) on the file of the High Court of Delhi filed under Article 226 of the Constitution. The said writ petition was filed by 23 petitioners, who were applicants for the posts of Constables in the Delhi Police Force governed by the Act. They prayed for the issue of a writ to the Delhi Administration to appoint them as Constables and for other consequential reliefs. None of them was fully qualified to be recruited as a Constable under the Rules. But being the sons of Delhi policemen, they depended upon an order dated 3-10-1981 passed by the Deputy Commissioner of Police Headquarters (1) Delhi under which he had relaxed the rules relating to the qualifications in favour of the sons or wards of Delhi policemen. The relevant part of the said order dated 3-10-1981 reads thus : "The wards of Delhi policemen should be given the following concessions in age, educational qualifications and physical standards, etc., for recruitment as Constables in Delhi Police : - JUDGEMENT_631_1_1987Html2.htm All those wards of Delhi Police Personnel who conform to the qualifications laid down above should be allowed to appear in the physical and written tests. Their forms should be accepted as it was being done before the introduction of New Rules. The last date for acceptance of forms may be enhanced from 3rd Oct., 1981 to 15/10/1981 and forms should be sold during holidays also. Sd/- A.K. Aggarwal Deputy Commissioner of Police : HQ (1) Delhi No. 19512-45/SIP dated Delhi, the 3-10-8l." ;