S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition has been preferred by the petitioner far issuance of writ of mandamus, commanding and directing the respondents, specially, the State of Bihar and State of Jharkhand to furnish necessary documents to the Union Public Service Commission (for short UPSC) and Union of India to enable them to convene a meeting of the Selection Committee for preparation of year - wise select list from 2000 -03 for promotion to the cadre of Indian Police Service from amongst the eligible Officers of the State Police Service.
(2.) ACCORDING to the petitioner, he was initially appointed as Deputy Superintendent of Police (DSP for short) on 21st November, 1979 in the then State of Bihar. He got all his promotion in due time having been confirmed in the rank of DSP w.e.f. 21st November, 1982 and got Junior Selection Grade w.e.f. 1.4.1991 and Senior Selection Grade post w.e.f. 1.4.1994. Further case of the petitioner is that he was posted as Commandant, Home Guard, Bihta (Bihar), vide Notification, No. 7088 dated 15th July, 1998, as on the date, he is in the original scale of Addl. S.P. He was posted as S.P. (Administration) in the Office of the Zonal I.G. of Police, Darbhanga, where -inafter he was posted as S.P. Palamau and Commandant JAP -II, Tatisilva and presently posted as S.P. (vigilance), Ranchi. The counsel for the petitioner submitted that the petitioner is eligible for promotion in the Indian Police Service. Under Regulation 5 of the Indian Police Service (Appointment by Promotion) Regulation, 1955, a select list to be prepared for appointment by promotion from State Police Service Officers and the Selection Committee, as per Regulation, shall originally meet at the interval not exceeding one year to prepare select list out of the State Police Service Officers, but since after reorganization of the Sate, it has not been prepared in the successor State of Jharkhand. On the other hand, in the State of Bihar, such list has been prepared, all required data and names having been forwarded for consideration by the Selection Committee.
(3.) THE counsel placed reliance on Supreme Court decision in the case of Syed Khalid Rizvi and others as reported in .;