Judgement

VENKATARAMIAH, J. : - The above appeal by special leave arises out of a writ petition filed by the appellants in the High Court of Delhi for the issue of a direction to the Delhi Administration to appoint them as police Constables.

2. Prior to the coming into force of the Delhi Police Act, 1978 (Act No. 34 of 1978) (hereinafter referred to as the Act) with effect from the 1st day of July, 1978, there was in force in the Union Territory of Delhi the Police Act, 1861. On the commencement of the Act, the Police Act, 1861 ceased to be in force in Delhi by virtue of section 149 of the Act. The first proviso to section 149(1) of the Act, however, provided that all rules and standing orders (including the Punjab Police Rules, as in force in Delhi) made under the Police Act, 1861 would be in so far as they were consistent with the Act be deemed to have been respectively made under the Act. Accordingly the Punjab Police Rules, 1934 as in force in Delhi which had been enacted under the Police Act, 1861 continued to be in force even after the commencement of the Act. Chapter 12 of the Punjab Police Rules, 1934 contained the rules relating to the appointments and enrolments of Assistant Superintendents of Police, Deputy Superintendents of Police, Inspectors, Sergeants, Assistant Sub-Inspectors, Range Auditors, Head Constables and Constables. Recruitment to the cadre of Constables was done under rules 12.12 to 12.22 of the Punjab Police Rules, 1934. Rules 12.14 and 12.15 dealt with the status of the recruits, the qualifications, age and the physical standards which the recruits had to satisfy. Rules 12.14 and 12.15 of the Punjab Police Rules, 1934 read as follows :

"12.14. Recruits - Status of. (1) Recruits shall be of good character and great care shall be taken in selecting men of a type suitable for police service from candidates presenting themselves for enrolment.

2. The enlistment in the police of Gurkhas of Nepalese nationality is absolutely forbidden. The enlistment of Gurkhas, who can prove British nationality or continuous domicile, is permitted, but only with the formal sanction of the Deputy Inspector-General. Before giving sanction the Deputy Inspector General should verify the nationality of the proposed recruit by a reference to the recruiting Officer for Gurkhas.

(3) Sons and near relatives of persons who have done good service in the Punjab Police or in the Army shall, subject to the consideration imposed by rule 12.12 have preference over the other candidates for police employment.

12.15. Recruits - age and physical standards of (1) Recruits shall be not more than 25, or less than 18 years of age, at the time of enrolment, and shall have a minimum height of 5-7" - "and normal chest measurement of 33", with expansion of 1-1/2 inches. These physical standards shall not be relaxed without the general or special sanction of the Deputy Inspector-General. A general reduction of the standard may be allowed by Deputy Inspectors-General in the case of special castes or classes, which provide desirable recruits, but whose general height does not come up to that prescribed. In such cases a standard of chest measurement and general physique shall be fixed, which will permit the enlistment of strong and well proportioned youths of the class in question.

(2) The greatest care shall be taken to ensure that the age of every police officer is correctly recorded at the time of his enrolment and appointment. The record then made becomes of the utmost importance when the question arises of an officers right to pension, and is accepted as decisive in the absence of full proof both that the original entry was wrong and that the date of birth originally given was due to a bona fide mistake.

A copy of this rule shall be pasted inside the cover of the recruit register (form 12.13) and the attention of the Civil Surgeon shall be drawn to it."

3. Section 147 of the Act authorises the Administrator (Lt. Governor of the Union Territory of Delhi) to