Om Prakash, J. - (1.) THIS is a fascicle of several writ petitions filed by single or more than one petitioners belonging to general/reserved categorise seeking a writ of mandamus directing the respondents to fill up the vacancies of Sub- Inspectors Police having arisen in the batch of Sub-Inspectors Police, who joined Police Training College, Moradabad on 1st September, 1989 pursuant to the Sub-Inspectors Police Examination held in 1987, the result of which was declared in June, 1989. All these writ petitions giving rise to a common question are consolidated and disposed of by a common order.
(2.) THE facts matrix is that all the petitioners took up Sub-Inspectors Police Examination held in 1987 but their names were not included in the list of successful candidates which was declared in June 1989. THE successful candidates joined training in the Police Training College, Moradabad on 1st August, 1989 which concluded in August, 1990. As usually happens, the candidates belonging to general/reserved categories aggregating to 39 either failed to join the training or left the Training College in course of training and this is how all petitioners claim that they be selected against those 39 vacancies and be permitted to undergo training on a date fixed for this purpose. On behalf of the respondents, one Om Prakash Sagar, Deputy Superintendent of (Police) (Karmik) U. P. Police Head Quarters, Allahabad has sworn a common counter affidavit for all the petitions. It is averred by him that for recruitment of Sub-Inspectors Police, Examination was conducted in the year 1987 on the basis of which 413 candidates were selected as under : (i) Scheduled Caste 25% 104 candidates (ii) Scheduled Tribe 2% 8 candidates (iii) Backward Class 15% 62 candidates (iv) Dependent of Freedom Fighters 3% 13 candidates. (v) Ex-Service man (Army) 3% 13 candidates. (vi) Others 213 candidates. 413 All the aforesaid selected candidates were called upon to join the Police Training College on August 1, 1989. In para 5, it is stated that an examination for the post of Sub- Inspectors Police is conducted taking into consideration the existing vacancies and the vacancies likely to arise in the next following three years. In para 6 read with para 9, it is averred that Para 12 of the Police Training College Manual does not provide that if any candidate either fails to join the Training College or leaves the Training College in course of training for any reason then his vacancy will be filled in by the next available candidate and that being so, no waiting list is prepared at the time of selection. There being no enabling provision in the Police Training College Manual and there being no waiting list system in regard to the selection of the Sub-Inspectors Police, the claim of petitioners for being selected against the vacancies is denied. The position of vacancies that arose within two months from the date of commencement of training as given in para 8 of the Counter affidavit is as follows :- (i) General category 20 (ii) Back-ward class 5 (iii) Scheduled caste 14 39
(3.) SO the question for consideration is whether the petitioners can be selected in order of their respective merits against the aforesaid 39 vacancies that arose within the period of two months from the date of the commencement of the training. The contention of the respondents is that there is no system of waiting list for the post of Sub Inspectors Police and there is no provision in the Police Training College Manual to fill up any vacancy arising incourse of training in the event of any selected candidate not joining the training or resigning the post afterwards and, therefore, all the writ petitions are liable to be dismissed. Admittedly there is no system of preparing a waiting list at the time of selection and there is no enabling provision either in the Police Training College Manual or else where for selecting the candidates considering their placing in the merit list to fill up the vacancies that arise due to non-joining the training or resigning from the post during the training. There are no statutory rules or the Government instructions in this behalf, in so far as the selection of Sub-Inspectors Police is concerned. Learned counsel for the petitioners urged that when there is no statutory rule or any Government instruction to cover up such a situation, then a reasonable course may be followed and the petitioners may be selected againgt 39 vacancies that arose in close proximity of time from the date of commencement of training and may be permitted to join the training as and when ordered by the respondents for them. It is a matter of common knowledge that many a departments follow the panel system or the waiting list system in the matter of selection. When a select list is prepared, a panel consisting of next following candidates which may also be called as a waiting list, is made simultaneously. Rational behind this system is that if any selected candidate does not join or resigns later on within a reasonable time-in most of the cases being one year-then a candidate from the panel or waiting list in order of merit is selected against that vacancy. By following this practice, a department is saved of the botheration or the cumbersome exercise of holding another examination in quick succession to fill up the vacancies. It is difficult to comprehend why this system is not evolved in the case of Sub Inspectors Police. The examination for selecting Sub-Inspectors Police is not conducted by the Public Service Commission but departmentally. I do not see any good reason why panel system having a good rational behind it, making candidates readily available for being selected to fill up the vacancies arising either in the beginning or in the course of training, freeing the department from cumbersome drill of holding a fresh examination in quick succession and providing job opportunities to them who appeared in the examination but stood next to the selected candidates being followed by other departments, has not been followed by the police department. The panel/waiting list system is not worth abhorring but worth emulating and that is why most of the departments of Provincial/ Central Government have the panel system. As and when the vacancy arises within a fixed period then immediately a man from panel in order of his merit is selected against that vacancy without resorting to a fresh examination. The panel comes to an end after expiry of the stipulated period. This system is all the more necessary for those departments which do not hold examinations regularly on the expiry of a given period. Police department is one of them which does not hold examination for the recruitment of Sub-Inspectors Police regularly. In para 5 of the counter affidavit, it is stated that the recruitment examination is conducted departmentally not only for the existing vacancies but considering those vacancies as well which may likely arise in the next following three years. Last examination was held in the year 1987 and the learned Standing Counsel categorically states that there is no likelihood of holding such examination atleast for a year. If these 39 vacancies are not filled up from the candidates who are placed next to the selected candidates in the merit list of 1987 examination then these vacancies would be filled up in the next examination absolutely uncertain in point of time and til' then the department would continue short of these officers whose services in a developing country, where law and order situation continues to be lamentable, are badly needed. Ideal situation is not that where a department remains short of the police personnel whose services are urgently required but ideal position is where a department holds recruitment examination regularly at a fixed interval and maintains a panel/waiting list to pick up an officer immediately therefrom to fill up the vacancy of any selected candidate caused by any reason.;