IMPORTANT POINT
If Government of Punjab had thought it fit to afford marginal relaxation in the case of a candidate in terms of Rule 7 of the Punjab Police Service Rules, in particular and Rule 14 in general by way of implementation of the policy evolved in recognising the services rendered by the police personnel during the frightful days, it warrants no interference from the judicial side.

JUDGMENT

Thomas, J.-Leave granted.

2. Appellant was one of the candidates before the Punjab Public Service Commission for selection to the cadre of Deputy Superintendent of Police. He was found fit in all respects except the height factor for which he was found deficient by 1.20 cms. However, he was selected as Government of Punjab relaxed the requirement of physical fitness as for him in special consideration of the meritorious service rendered by his brother (one Satish Kumar Sharma, IPS) during the time when State Government was involved in a massive exercise for containing terrorism in Punjab. Third respondent challenged the said selection as he could secure only a post of Deputy Superintendent of Jail. A Division Bench of the Punjab and Haryana High          Court quashed the selection of the appellant as Deputy Superintendent of Police and directed the Government to make appointment in the consequential vacancy from among the candidates who have been included in the merit list if petitioner had not been selected. The said judgment is now under challenge before us.

3. Some more facts are necessary to decide the question raised before us. Punjab Public Service Commission published an advertisement on 12.6.1993, as follow up of a requisition made by the Government of Punjab, inviting applications for 20 posts of Deputy Superintendent of Police and 6 posts of Deputy Superintendents of Jail/District Probation Officer. Appellant and third respondent were among the various candidates who submitted applications for the aforesaid posts. In the written test conducted on 25.2.1994 appellant came out successful, but in the physical measurement (fitness) test conducted on 6.5.1994, appellant was found short in height by 1.20 cms. In the meanwhile, Government formulated a policy on 6.5.1994 to show special consideration towards "relatives of those who have either suffered due to terrorism or have faced terrorism boldly and have contributed towards overcoming it". It appears that Government felt that "on account of their background and circumstances such individuals are bound to be more dedicated and committed". When appellant was found deficient to fit in with the requirements very marginally he moved the Government for relaxation of the specification regarding height in his case. Government passed an order on 14.5.1994, the operative part of which reads thus :

In this view of the matter it has been considered to give minor relaxation in physical standard, provided such persons possess prescribed qualifications and qualify in the written test conducted by the Punjab Public Service Commission and are suitable in all other respects. The latest request dated 13.5.1994 of Shri Sandeep Kumar Sharma (younger brother of Shri Satish Kumar Sharma, IPS) who is presently posted as SSP, Ferozepur and who has rendered useful service in tackling terrorism and bringing normalcy for giving relaxation in height 1.20 cms. for requirement to the post of Deputy Superintendent of Police has been considered and acceded to."

4. Thereupon, appellant was called for viva-voce and he was included in the list of selected candidates and was later appointed as Deputy Superintendent of Police on 10.8.1994. Third respondent was selected with first rank in the list for the post of Deputy Superintendents, Jail/District Probation Officers and he was appointed as Deputy Superintendent, Jail on 8.9.1994.

5. Third respondent and another person challenged the selection and appointment of the appellant before the High Court mainly on the ground that appellant did not fulfil the requirement enumerated in the advertisement issued by Punjab Public Service Commission and that the Government have no power to relax without specifically indicating in the advertisement itself that specifications are liable to be relaxed. Another ground taken up was that power of relaxation contained in Rule 14 of Punjab Police Service Rules 1959 ( Service Rules for short) cannot be invoked