- (1.) IN this appeal the vires of a rule prescribing an upper limit of age for promotion from the post of a Constable to that of a Head Constable is in question. In order to appreciate the issues involved in their proper perspective it is necessary to have a brief conspectus of the Rules relating to the recruitment of Head-Constables in the State of Punjab and Haryana.
(2.) RULE 12. 12 of the Punjab Police Rules, 1934, enjoins a duty upon all Gazetted police Officers to devote special attention to discover and encourage 'men of thoroughly good stamp' to enrol them-selves as Constables since 'the standard of performance and the reputation of the whole police force depend above all upon the quality of its constables'. No literacy qualification is prescribed. Rule 12. 4 prescribes that recruits shall be of good character. Rule 12. 15 prescribes the physical standards of recruits and the limits of age. The lower age limit is 18 but persons who are above 17 may also be recruited subject to the condition that the service rendered by them before the age of 18 shall not qualify for pension. The upper limit of age is 25 in the State of Punjab and 27 in the State of Haryana. The Inspector General of Police is empowered to relax the upper age limit in special circumstances. While no literacy qualification is prescribed for Constables, Rule 12-10-A makes a special provision for direct enlistment of 'matriculates of good social status and strong family claims' in the selection grade of Constables upto a maximum of ten per cent of the posts in that grade with 'a promise of accelerated promotion if they pass the recruits course with credit'. Rule 12-10-A also provides that such officers if they work well will be sent to the Lower School Course directly on their confirmation. The rule further provides that if they fail to pass the recruits course with credit, they would be reverted to time-scale and would not be entitled to accelerated promotion. Rule 12. 21 provides for the discharge of a Constable at any time within three years of enrolment if he is found 'unlikely to prove an efficient police officer'.
(3.) RULE 19. 2 prescribes that recruits shall not be passed into the ranks until they have undergone six months' training and instructions as stipulated. Rule 19. 3 provides for examinations at the completion of the training. Certificates of education of the 1st or 2nd class, as the case may be, are required to be inserted in the character rolls of the successful literate Constables. In the case of illiterate Constables, it is provided that they may be passed into the ranks if they are above the average standard in other respects. After passing into the ranks, all recruits are further required, under Rule 19. 4, to undergo training for six months with the armed reserve. Even thereafter they are required to undergo one month's training annually. Rule 19. 3, which is important, provides that Constables with 1st Class Certificate of education shall be given further training specified in the rule for a period of two or three months with the object of selecting suitable candidates for admission to List 'a', that is, a list, required to be maintained by Rule 13. 6, of constables eligible for promotion to the selection Grade of Constables under Rule 13. 5. Rule 19. 3 provides for an examination, partly written and partly oral, at the end of the training. The officer conducting the examination has also to report his own estimate of each constable's ability. After considering these reports and the results of the examination the Superintendent of Police has to decide whether a constable can be said to have passed the tests prescribed in the rule. In making the decision the Superintendent of Police is particularly required to be 'guided by the consideration that the training which will automatically follow from the addition of a Constable to List A has as its object the production of a man fitted for the rank of Head Constable. ';