R.H.ZAIDI, J. - (1.) BY means of the present petition under Article 226 of the Constitution of India petitioners pray for a writ order or direction in the nature of man­damus commanding the respondent Nos. 2 to 4 to make promotion from the rank of Constable Armourer to the Head Constable Armourer U. P. Police on the basis of seniority and after examining the service record of the candidates. Prayer for quash­ing the selection of the candidates from amongst the constable armourer for promo­tion to the rank of head constable armourer on the basis of written test, practical ex­amination and interview has also been made.
(2.) THE facts of the case in brief are that the petitioners were recruited as constable in U. P. Police before 1984. Thereafter they were sent for Armourer Training Centre, Sitapur. The petitioners also took training of Electrical and Mechanical Engineering at Bhopal. After completion of the aforesaid training the petitioners were awarded cer­tificate of proficiency. It is stated that the petitioners were legally entitled to be promoted to the post of head constable ar­mourer ; but the respondents without fol-lowings the procedures prescribed under Paragraph 393 of the Police Office Manual started holding written test, practical ex­amination and interview and are not making the promotion after following the proce­dure prescribed under the aforesaid Para­graph No. 393. A reference in this regard has also been made of the selection of the condi­tions on 4-3-1987. The petitioners have al­ready made representations for ventilation of their grievances to the Police Head Quarter, U.P. at Allahabad and requested for their promotion to the post of head constable armourer, but of no avail. A Writ Petition No. 4394 of 1990 is also alleged to have been filed, which was finally disposed of by this Court on 12-2-1990 with the direction to the respondents to decide the representations filed by the petitioners. Thereafter, it is alleged that the representations filed by the petitioners were not decided, consequently, the present writ petition was filed praying for the reliefs mentioned above.
(3.) IN reply to the facts stated in the present-writ petition, a counter affidavit has been filed on behalf of the respondents. It has been stated that the examinations (writ­ten and practical) are being conducted by the department just to Judge the efficiency of the candidates. It has also been alleged that the representations filed by the petitioners were rejected vide order dated 4-12-1989, a copy of which has been annexed along with the counter affidavit as An-nexure-CA 1. The aforesaid order has been passed on the representations filed by the persons other than the petitioners. In the said order it has been stated that examina­tion is taken for the purpose of making promotion from the post of constable ar­mourer to the post of head constable ar­mourer on the basis of merit and in accord­ance with seniority.;