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 Assista