Decided on July 21,1983

UNION OF INDIA Respondents


A.B.Rohatgi,J. - (1.)The future of these petitioners hangs In the balance. They are 23 Young men of about 25 years of age. They are 'strong and well proportioned youths". They have chosen to become constables in the Delhi Police Department. They appeared at a test in October 1981. They first appeared at a physical test. After qualifying at the Physical test they were allowed to appear in the written test. At the written test they were declared successful. After this an order was issued to petitioner No. I, Yoginder Pal Singh, the petitioner No. 2, Yash Pal Singh, in identical terms : Memo
"You are informed that the Lt. Governor Delhi has accorded sanction for relaxation for your recruitment for a post of Constable in Delhi Police. Therefore, you deposit your original educational certificates and declaration forms, given to you after medical examination duly filled in by you by date 28-5-1982 in this office, so that you are called for training with effect from 15-6-1982."
in all there are 23 petitioners. Out of them two have been Sent for training after the admission of the Writ Petition. Now 21 remain. They have not been sent for training though they have qualified at the written, physical and medical tests. So they have come to Court
(2.)Out of these 21 petitioners 6 are those cases where their brothers were recruited in the police department earlier. But when the case of the second brother came for recruitment to the Delhi Police the appointment was declined on the ground that relaxation can be given only to one son of the police constables according to the policy formulated by the department. This policy says that only one son of the police personnel shall be considered for grant of relaxation. In the remaining 15 cases the respondents have refused to send them for training on the ground that the Lt. Governor has not given them relaxation.
(3.)All the petitioners rely on the order dated 3-10-1981 which is in the following terms:
"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 : - 1. Age Upto 25 years 2. Educational Qualifications 9th pass 3. Height -5' -5" 4. Chest -2"- Relaxation. 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.


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