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Judgment
G. Rajasuria, J.—This Writ petition is focussed to issue a Writ of Mandamus directing the respondents to promote the petitioner as Sub
Inspector of Police in Tirunelveli Range in the existing 2 vacancies.
Heard both sides.
A resume of facts absolutely necessary and germane for the disposal of this writ petition would run thus:
The writ petitioner is working as Head Constable in the Tamil Nadu Police Service. The petitioner participated in the written test meant for
selecting the Sub Inspector of Police. In the written test, the petitioner secured 12 marks out of 30, which according to the Police Department is a
pass mark. However, he was not selected, because disciplinary proceedings were pending as against him. However, subsequently, he was found
not guilty of the charges vide order dated 14.03.2007 in P.R. No. 87 of 2006, which emerged during the pendency of the writ petition. Citing the
decision of this Court in W.P. No. 9650 of 2005, dated 15.11.2007, he prays for an opportunity to participate in the test which was in prevalence
before amending the rules and accordingly, he wants one more opportunity.
Per contra, the third respondent filed the counter affidavit to the effect that the petitioner was appointed as Gr.II P.C on 14.11.1977 and he was
gradually upgraded as Gr.I P.C. on 22.07.1994 and as H.C on 22.07.1999. A case in Soorankudi Ps.Cr. No. 103 of 2004 u/s 379 I.P.C was
registered against the petitioner based on the complaint of one Ganesan and the case was referred to Revenue Divisional Officer, Kovilpatti for
conducting enquiry under P.S.O 151 into the alleged incident. As per Rule 3(b)(i) of Special Rules, Promotion to the post of Sub Inspector are
made on the grounds of merit. The first respondent had directed vide Memo No. 276060/NGB.IV(1)/2004 3.1.2005, to convene Range
Promotion Board to consider the eligible cases of Head Constables who have completed seven years of total service and four years service as
Head Constable for the drawal of ''C'' list of H.Cs fit for promotion as Sub Inspectors for the year 2004 to fill up the 10 Sub Inspector of Police
vacancies under promotee quota of Tirunelveli Range. As scheduled, the list of eligible candidates for appearing in the Written Test was published
on 2.2.2005 and Call letters were sent to the eligible Head Constables on 3.2.2005 to appear for Written Test on 7.2.2005. The petitioner''s
name was not included in the list for appearing in the Written Test as he was facing enquiry under P.S.O 151. The petitioner moved this Court and
filed W.P. No. 1704 of 2005 seeking direction to consider his candidature for the post of Sub Inspector. Thereupon, the writ petitioner
participated in the written test, but he did not secure 12 marks out of 30 marks (40%) and he was not called for viva voce test. Accordingly, the
third respondent prayed for dismissal of the writ petition.
Heard the learned Government Pleader also who would submit that during the pendency of the writ petition, the disciplinary proceedings as
against the petitioner were dropped as not proved. Hence, it is clear that as on date, there is no embargo for him to lay claim over the said post.
During arguments, it transpired that earlier when this matter was dealt with by one other learned Judge of this Court, papers were sent for and it
was verified and found that in fact, the petitioner secured 12 marks out of 30 marks.
The learned Government Pleader would agree to the factual position that in fact the petitioner secured 12 marks out of 30 marks.
In these circumstances, I would like to refer to the earlier order of this Court in W.P. No. 9650 of 2005, dated 15.11.2007, which is on a
similar matter. Hence, I cannot carve out any exception to this case. Accordingly, I would like to pass the similar order as under.
One fact is clear that the petitioner could be promoted as Sub Inspector of Police for the old vacancy provided he passes the test concerned
irrespective of the fact whether at present such test is compulsory or not. It is a trite proposition of law that one cannot approbate and reprobate.
The rules which were prevailing at the time of arisal of vacancy cannot be bye-passed. If he wants promotion, for the old vacancy, he must be
ready to participate in the Range Promotion Test whether it is now in vogue or not and get himself qualified and project himself before his superior
that he has become qualified to be appointed as Sub Inspector of Police.
Hence, in these circumstances, I am of the considered view that the writ petition could be ordered as under:
The respondent police authorities shall give him opportunity to appear for the Range Promotion Test along with others, if any, and if he comes out
successfully, he may be considered for filling up the existing old vacancy in the post of Sub Inspector of Police. The entire process shall be
completed within a period of six months.
With the above observations, this writ petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs.