Rajasthan High Court
Hari Mohan vs Director General Of Police Andanr ... on 21 October, 2024
Author: Mahendar Kumar Goyal
Bench: Mahendar Kumar Goyal
[2024:RJ-JP:44236]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 10998/2009
Hari Mohan son of Shri Bhanwar Lal Balai aged 45 years H.C.
(MT) No.298, Reserve Police Lines, Jaipur City.
----Petitioner
Versus
1. Director General Of Police, Rajasthan Jaipur
2. Director, Rajasthan Police Academy, Jaipur & Chairman
Selection Board
----Respondents
For Petitioner(s) : Mr. M.M. Mehrishi
For Respondent(s) : Mr. Vinod Kumar Gupta, AGC
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Judgment / Order
21/10/2024
This writ petition is filed seeking a direction to the
respondents to declare the petitioner within the zone of
consideration to undertake the qualifying test for promotion to the
post of Sub Inspector (M.T.).
The relevant facts in brief are that vide radiogram dated
27.1.2009 (Annexure-5), six vacancies of Sub Inspector (M.T.)
were notified for promotion for the year 2008-09. As per the
relevant service rules, 10 times of the Head Constable (M.T.) to
the notified vacancies were to constitute zone of consideration
eligible to appear in the qualifying test for promotion. However,
as per the letter dated 27.8.2009 issued from the office of
Director, Rajasthan Police Academy, only 50 candidates were
permitted to participate in the qualifying test. Therefore, it is
prayed that the respondents be directed to permit the petitioner,
[2024:RJ-JP:44236] (2 of 3) [CW-10998/2009]
who falls within the zone of consideration, to participate in the
qualifying test for promotion to the post of SI (M.T.) and promote
him accordingly.
In the reply, the respondents have averred that vide order
dated 23.3.2009 (Annexure-R/1), the vacancies for promotion
were reduced to 5 from 6 and accordingly, 10 times of the eligible
candidates of the reduced vacancies were invited to participate in
the qualifying test.
Reiterating the averments made in the memo of writ
petition, learned counsel for the petitioner would submit that
neither he was ever intimated of the order dated 23.3.2009 nor, it
is mentioned in the order dated 27.8.2009 whereby, only 50
candidates were permitted to undertake the qualifying test and
therefore, action of the respondents in limiting the zone of
consideration to the 50 candidates is not bonafide. He, therefore,
prayed that the writ petition be allowed, action of the respondents
in confining the zone of consideration to the 50 candidates be
quashed and set aside and they be directed to consider his case
for promotion to the post of SI (M.T.) treating him to be within the
zone of consideration.
Per contra, learned counsel for the respondents would pray
for dismissal of the writ petition on the strength of order dated
23.3.2009.
Heard, considered.
The following undisputed position emerges in the instant
case:
(i) the zone of consideration of the eligible
candidates for promotion to the post of SI
[2024:RJ-JP:44236] (3 of 3) [CW-10998/2009]
(M.T.) comprises of 10 times of the advertised
vacancies;
(ii) the six vacancies initially notified for
promotion to the post of SI (M.T.) vide
radiogram dated 27.01.2009 were reduced to
five vacancies by the competent authority
vide order dated 23.3.2009.
(iii) The petitioner, as per his seniority, did not
fall within the zone of consideration i.e., 10
times of the reduced number of vacancies.
In view of the aforesaid admitted factual and legal position,
this Court finds no merit in the writ petition which is dismissed
accordingly. Pending application(s), if any, also stands disposed of.
(MAHENDAR KUMAR GOYAL),J
BRIJ MOHAN GANDHI /77/141
Powered by TCPDF (www.tcpdf.org)
