S.R.Singh, J. - (1.) The controversy in Special Appeal No. 191 of 1998 State of U. P. and others v. Smt. Shakuntala Shukla as well as in special appeals and writ petitions connected thereto pertains to validity of selection of Sub-Inspectors of Police for promotion to the rank of Circle Inspector. The special appeal sterns from the Judgment and order dated 20.2.1998 whereby the learned single Judge allowed the Smt. 'Shakuntala Shukla v. State of U. P. and others, Civil Misc. Writ Petition No. 20716 of 1997 and quashed the impugned selection of Sub-Inspectors for promotion to the rank of Circle Inspectors and issued consequential directions to the authorities concerned to initiate fresh selection in the light of the observations embodied in the Judgment. Since the challenge in all the special appeals and writ petitions converged to the self same select-list 1996-97, all the petitions and special appeals were lumped together with the aforesaid Special Appeal No. 191 of 1998 for decision as a composite case. It would be worthwhile to recall here that some of the connected petitions were instituted before the Lucknow Bench of this Court, but since challenge in the connected petitions too was focussed on the self-same select-list, recourse was taken to clause 14 of the Amalgamation Order, 1948 for marshalling of all such petitions for their disposal along with special appeal aforestated. In fact, in Writ Petition Nos. 3712 (L) of 1997, 3751 (L) of 97, 3733 (L) of 1997. 3776 (L) of 1997, 3785 (L) of 1997, 3787 (L) of 1997, the learned Judge who was in seisin of the matter at Lucknow Bench of this Court, scripted the following questions and commended the matter to be heard and disposed of by a two Judges Bench. (1) Whether the Departmental Selection Committee constituted for the purpose of selection of Sub-Inspectors, Civil Police for promotion to the rank of Inspector. Civil Police, having adopted the criterion of 'merit' alone for selection, has not contravened the provisions of "The Uttar Pradesh Government Services Criteria for Recruitment by Promotion Rules. 1994" which lays down that posts for all services (excepting the post of Head of Department and Officer immediately below him) to be filled up by promotions, shall be made on the basis of seniority subject to rejection of the unfit. (2) Whether the provisions of the Uttar Pradesh Government Services Criteria for Recruitment by Promotion Rules. 1994 do not apply to the police personnel? (3) Whether in case the answer to question No. 1 is in the affirmative the selection/select list contained in Annexure-1 in some writ petitions and Annexures-1 and 2 in others is not bad in law and liable to be quashed?
(2.) The impugned selection of Sub-Inspectors of Police for promotion to the rank of Circle Inspector was made on the basis of 'merit' as visualised by G.O. dated 5.11.1965 which reads as under : "From : Sri R. K. Dar, Up Sachiv. Uttar Pradesh Shasan, To. The Inspector General of Police. Uttar Pradesh, Allahabad/Lucknow. Dated Lucknow : November 5, Home (Police-A) Sub. : Method of Selection of Sub-Inspectors for promotion to the rank of Inspectors. Sir, With reference to Deputy Inspector General of Police, Headquarters Letter No. V-500-51. dated August 18, 1964, on the subject noted above. I am directed to say that after careful consideration of the recommendations contained in para 246 of the U. P. Police Commission Report, 1960, the Governor in supersession of the provisions in the police Regulations and in modification of the present orders on the subject, has been pleased to order that the procedure for selection Sub-Inspectors for their promotion to the cadre of inspector shall henceforth be as follows : (A) The existing quota system by which a certain number of Sub-Inspectors are at present selected from each Range should be abolished. Sub-Inspectors Civil Police who have put in not less than 10 years service as such (and are below 50 years of age) on the 1st day of January of the year in which the selection is made will now be eligible for promotion to the post of Inspector. The range Dy. Inspector General of Police will send to the Police Headquarters every year the following list : (i) Lists of Sub-Inspectors. Civil Police considered suitable for officiating promotion as Inspector in order of seniority in a prescribed form, which may be laid down by the Police Headquarters. (ii) Lists of Sub Inspectors, Civil Police, who are not considered, fit for officiating promotion with brief reasons. The Departmental Selection Committee will thereafter have a final consolidated list prepared of Sub-Inspectors Civil Police, considered suitable for officiating promotion arranged in the order of their seniority. From the final consolidated list, four times the number of Inspectors required to be approved for officiating promotion will be called for interview by the Departmental Selection Committee as constituted by Government vide G.O. No. 4381-A/VI11-A-268/ 1961, dated August 2. 1962. The assessment made by the Committee will be done by selection on merit, and a list of approved candidates will be prepared on which the names of selected candidates will arrange in order of their seniority. Those who are borne on the approved list of an earlier year will rank above those selected and brought on an approved list of a later year. (B) On the occurrence of substantive vacancies appointment to them shall be made from amongst the candidates on the approved list prepared under Para 'A' on the basis of suitability. The claims of the candidates passed over will be considered in the subsequent selection. The selection will be made by the Departmental Selection Committee and there will be no further interview of the candidates for filling in the substantive vacancies. (C) Candidates selected for substantive appointment will be placed on two years' probation in accordance with the provisions of para 403 (3) of the Police Regulations. The period of service rendered by them as Inspector of Police in a temporary or officiating capacity will be counted towards the period of probation. 2. The above orders shall come into force with Immediate effect. Yours faithfully, Sd./- R. K. Dar Up Sachlv. No................. (1)/VIIl-A-of date Copy forwarded for information to Grih (Police-E) Vibhag. By order (R. K. Dar) Up Sachiv."
(3.) It may be noted that the expression "1st day of January" occurring in para (A) of the G.O. has been substituted by expression "1st day of April" and the expression "and are below 50 years of age" used therein has been omitted with a view of enlarging the field of eligibility vide G.Os dated 7th November. 1972 and 5th March, 1974 respectively.;