KULDEEP SHARMA Vs. STATE OF RAJASTHAN AND ANOTHER
LAWS(RAJ)-2003-11-63
HIGH COURT OF RAJASTHAN
Decided on November 07,2003

KULDEEP SHARMA Appellant
VERSUS
State of Rajasthan and Another Respondents

JUDGEMENT

Ashok Parihar, J. - (1.) Petitioner has prayed for appointment to the post of Sub- Inspector seeking protection of Rule 17(2)(a) of the Rajasthan Police Subordinate Service Rules, 1989 in pursuance to the advertisement issued on 15.12.1998.
(2.) The relevant Rule as relied upon by the petitioner, is quoted here as under : "(a) the Director General-cum-Inspector General of Police may fill 10% of the vacancies of the post of Sub-Inspectors/Platoon Commanders by means of direct recruitment in Sections-I, II and IV of the Schedule-I, to be filled in a particular period of recruitment, without observing the procedure laid down in these Rules with the approval of the Government and that the candidates so appointed shall conform to the requirements of age, academic qualifications, physique, medical fitness and soundness of character as prescribed in these Rules and that preference will be given for proficiency in Games and Sports, recognised for the All India Games and Sports Meet. Explanation : The word proficiency in Rule 17 in proviso (a) shall mean attainment of distinction or representation in relevant games and sports at the State of National level."
(3.) A bare reading of the above rule would show that it is the sole discretion of the Director General-cum-Inspector General of Police to fill 10% of the vacancies for the post of Sub- Inspector/Platoon Commanders in a particular year from the persons having proficiency in games and sports without complying with the normal procedure for recruitment. In such discretionary matters, in my opinion, in absence of any mala fide, no interference is called for by this court under its writ jurisdiction. Even otherwise, such out of turn appointments do not create a vested right in favour of any candidate. The writ petition is dismissed accordingly as having no merits. Order accordingly.;


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