ORDER

Delay condoned.

2. Leave granted. We have heard learned counsel on both sides.

3. These appeals, by special leave, arise from the orders of the Madhya Pradesh Administrative Tribunal, Jabalpur Bench, made on February 28, 1996 in O.A. No. 110/95 and batch.

4. The admitted facts are that the respondents are Head Constables. For promotion as Assistant-Sub-Inspectors, examinations were conducted on 29th and 30th December, 1993 throughout the State comprising of different zones, 50% of the total marks were prescribed as passing marks for general candidates and 40% for the reserved candidates belonging to Scheduled Castes and Scheduled Tribes (for short, Dalits and Tribes respectively). Only one Dalit candidate and three general candidates passed with the prescribed standard and the rest of the Head Constables in Jabalpur Zone failed. Consequently, the Inspector General of Police, Jabalpur Zone had suggested to the Director General of Police (D.G.P) to award 15% grace marks to the general candidates and 10% grace marks to the reserved category. The D.G.P. agreed for the same. As a consequence, 60 candidates belonging to the general category and 15 candidates belonging to the reserved category were declared passed. They were empanelled for appointment to the posts of Assistant Sub-Inspectors and were sent for training. Realising the mistake committed by the D.G.P., that relaxation could not be granted only in respect of one zone, the relaxation was withdrawn by proceedings dated December 2, 1994. The said order came to be challenged by the respondents in the Tribunal. The Tribunal has held that since the empanelled candidates were not heard before withdrawing of the grant of further additional grace marks, it is violative of principles of natural justice; therefore, the order is bad in law and accordingly it allowed the O.As. Thus, these appeals by special leave.

5. The only question that arises for consideration is : whether the view taken by the Tribunal is correct in law? It is not in dispute that under Section 70 of the M.P. Police Regulations, power has been given to issue orders to be notified in the Gazette. It reads as under :

"70. The system of promotions in the subordinate executive ranks will be as laid down in the supplement to the Madhya Pradesh Police Gazette dated 5.10.1960."

6. Accordingly, notification came to be made in the Gazette on October 5, 1960. Clause 1(viii) indicates that "papers for the qualifying examination (as laid down in Central Provinces and Berar Police Regulation, 115) will be set by such of the Superintendents of the Constables Training Schools as may be nominated by the Inspector-General of Police." The papers were directed to be set down in the order prescribed thereunder. Clause (2) to (7) postulates thus :

"(2) Promotion of Head Constables to Assistant Sub-Inspectors :

(i) Eighty per cent (80%) of the posts of Assistant Sub-Inspectors will be filled in by promotion of Head Constables who qualify at an examination to be held each year. A Head Constable will be given three (3) chances to appear at the examination. The subjects and papers for the examination will be the same as for the Sub-Inspector cadets at the Madhya Pradesh Police Training College, Sagar. In order to qualify for the examination a Head Constable should have put in at lease three (3) years service as a Head Constable if he is a matriculate, and if not, he should have put in a minimum of five (5) years as Head Constable. Our of this, he should have worked for at least one (1) year at a police State, the C.I.D. or Special Branch experience being quoted to that at the Police Station.

(ii) Twenty per cent (20)% of the posts will be filled in by nomination of Head Constables who have a minimum of fifteen (15) years overall service at the nine of promotion. For this, nominations will be submitted by the Superintendents of Police by 1st of May each year.

Records of the Head Constables who qualify in the examination and t