DEVI PRASAD SINGH, J. - (1.) THE controversy, involved in the bunch of writ petitions, relates to promotion of persons holding the post of Constables and Head Constable to the post of Sub-Inspector, in common parlance called as rankers' promotion, in the Police department of State of Uttar Pradesh.
(2.) THE petitioners, who are holding the post of Head Constable while approaching this Court under Article 226 of the Constitution of India, have submitted that while proceeding with the selection in question, the opposite parties have acted for extraneous reasons and tried to select the persons who are dead or against whom criminal cases of serious nature like dacoity, robbery, murder etc. including the departmental pro­ceedings or vigilance enquiry are pending. The names of such persons who are already undergoing training in other wing of the Police department have been included in the impugned tentative list, although it should contain only the names of the persons selected on merit through the examination in the manner discussed hereinafter. From the material on record, it appears that since lest ten years, the persons working in the cadre of the Head Constable in the U.P. Police Department have been deprived to avail promotional avenue of Sub-Inspector on one or the other ground and also because of multiplicity of litigation. Broadly, twice the controversy cropped up in this Court and decided up to the stage of special appear. Now, for the third time again, for the reasons hereinafter narrated, the selection process has been challenged on the ground of malice in law, arbitrary exercise of power and inclusion of names of such persons in the select list who cannot, otherwise, be found place in it, in accordance with law.
(3.) BEFORE considering the present controversy and earlier litigation, it shall be appropriate that relevant Government circulars and orders should be considered in brief relating to the promotion of the Head Constables in the cadre of Sub-Inspector. Regulation 44 of the U.P. Police Regulation, as amended from time to time, regulates the provisions relating to promotion of Constables and Head Constable for promotion to the cadre of Sub-Inspector of Civil Police. According to Regulation 44, the Constables and Head Constable who have served not less than three years and whose age is not more than 40 years on first day of the calendar year possessing the qualification of Intermediate or equivalent shall be eligible to appear in the test for Sub-Inspector against promotes quota. The candidates who qualify the test shall be entitled to appear in interview. It shall be subject to condition than he secured minimum qualifying marks provided in the Regulation. Four time candidates to the number of vacancies in the ranker cadre should be called for interview in order of merit from the select list.;