Sunil Ambwani - (1.) -By these writ petitions, petitioners, serving as constables in Civil Police in Uttar Pradesh, have challenged the selections to the post of head constables by promotion. They have challenged the orders dated 18.4.2001 and 12.10.2001, issued by the Police Headquarters under the signatures of Inspector General of Police (Establishment), to all the Senior Superintendent of Police/ Superintendent of Police/District Incharge, Uttar Pradesh for holding "Prantiya Yogyta Pariksha Satra, 2002" for admission to head constables (civil police) course at the Police Training College, Moradabad and the orders dated 7.12.2001, 5.12.2001 and 6.12.2001, issued by the Senior Superintendent of Police, Moradabad, Deputy Inspector General, Bareilly Zone, Moradabad, inviting applications for appearing in the aforesaid examination. They have also prayed a writ of mandamus commanding the respondents to call them for interview for promotion on the post of head constables.
(2.) BY an amendment application filed in Writ Petition No. 42286 of 2001, petitioners have also prayed for a writ of mandamus commanding the respondents to promote petitioners on the post of head constables in accordance with the provisions of U. P. Government Servants (Criterion for Recruitment by Promotion) Rules, 1994. The amendment application has been allowed by this Court. I have heard Sri Shashi Nandan and Sri Rashtrapati Khare, advocates, learned counsel appearing for petitioners and learned standing counsel for respondents. Civil Misc. Writ Petition No. 42286 of 2001 is the leading petition in which pleadings have been exchanged.
(3.) ALL the petitioners are serving in U. P. Police with more than three years' service to their credit, after recruits training and are less than forty years of age. ALL of them have applied for appearing in selection for admission to head constables (civil police) course. They have all appeared in 'Prantiya Yogyta Pariksha' and Infantry Training/Physical Training (I.T./P.T.) and have not been able to qualify or short listed to two and half times of number of vacancies for the post of head constables for the purposes of interviews, and thus, having failed to reach the stage of interview, they have now challenged the entire selections. Section 2 of the Police Act, 1861, provides that the entire ; police establishment under a State Government shall, for purposes of this Act be deemed to be one police force, and subject to the provisions of the Act, the pay and all other conditions of service of members of the subordinate ranks of any police force, shall be such as they may determined by the State Government. Section 46 (2) enables the State Government to make rules for giving effect to the provisions of the Act. Section 12 of the Act gives powers to the Inspector General of Police, subject to approval of the State Government, to frame such orders and rules as he shall deem expedient relating to the organisation, classification and distribution of the police-force and to make special provisions with regard to the residence, service to be performed by them, inspection, etc. The orders issued by the State Government and the Inspector General of Police under the aforesaid provisions of the Act, have been complied into and are known as 'U. P. Police Regulations'. In Special Appeal No. 630 of 1993, Moongelal v. Deputy Inspector General (Karmik), U. P., Allahabad, dated 24.9.1993, the Court had occasion to consider the statutory character of the Police Regulations and it held as follows : "We have mentioned, hereinabove that the U. P. Police Regulation is mostly a combination of the Government orders issued from time to time except a few provisions which are referable statutory provisions. Chapter XXXII, which has the Heading "Departmental Punishment and Criminal Prosecution of Police Officers" contains regulations which have been framed in exercise of powers conferred under Section 7 of the Police Act, 1861. The regulations contained in this chapter have therefore, statutory force as held by their Lordship of the Supreme Court in State of U. P. and others v. Babu Ram Upadhyay, AIR 1961 SC 751. The regulations contained in Chapter XXXIV have not been framed either under Section 7 of the Police Act or under any other statutory force. Regulation 520 dealing with transfers falls under this Chapter." ;