The Director-General of Police does not have the power to frame rules regarding the service conditions of the Police Force. Any change in the eligibility criteria for recruitment to the Police Force must be reasonable and arbitrary. Any restriction on women candidates from applying for a post in the Police Force is illegal and discriminatory. The State Government must identify the "creamy layer" amongst the Backward Classes before extending the benefit of reservation to them.

N.Pandey, J.

1. This petition under Article 226 of the Constitution of India, has been filed for an appropriate writ/order for quashing advertisement No. 1 of 1998, issued under the signature of the Director-General-cum-Inspector-General of Police (respondent No. 3) published in the daily newspaper AAJ dated 28-8-1998 whereby and whereunder, applications were invited from eligible candidates for selection to the post of constables in different districts of this State. A prayer has also been made to command the respondents that steps for selection for the constables be taken strictly in terms of clause 663 of the Bihar Police Manual (In short the Manual).

2. I have heard the learned Counsel for the parties, therefore, this writ petition is disposed of at the stage of admission itself.

3. Before adverting to the facts of this case, I feel proper to answer the objection of the learned Additional Advocate-General regarding maintainability of the writ application filed on behalf of the Bihar Police Mens Association and another. He contended that such a body of Association cannot agitate the cause of those who are yet to be appointed. It was contended that an uncorporated body like the petitioner - union which is not a juristic person, cannot get right of other persons to enforce through the machinery of the Court. In support of such a contention, Mr. Singh also relied on a decision of the apex Court in the case of State of Orissa V/s. Ram Chandra Dev and Ors. -- and yet another decision in the case of D. Nagaraj etc. V/s. State of Karnataka and Ors. etc. -- .

4. In my view, the facts of the abovementioned cases and the reliefs sought for are quite different. These cases may not be applicable to the facts of the present case. In this case, as averred in the writ petition and not controverted in the counter-affidavit, the petitioner-Union has already been recognised by the State Government. The main object of the Association is that candidates having qualification as prescribed under clause 663 of the Manual should be appointed to the Police Force. In the present case, the petitioners are also the members of Police Force. Their primary object is that best candidates of requisite height and merit be recruited and appointed to the Police Force. Therefore, to my mind since the petitioners besides their cause, are also highlighting the grievance of other members of Police Force, therefore it would not proper to hold that the writ application on their behalf is not maintainable. Accordingly, I find no merit in this submission.

5. Now coming to the facts and circumstances of this case, one of the relevant questions raised on behalf of the petitioners for consideration is whether the criterian prescribed under clause 663 of the Manual, for appointment of the constables can be substantially changed, altered or subtracted by Police Order No. 202/88 without prior approval of the Cabinet. Learned Additional Advocate-General, on the other hand, laying emphasis on the expression "organisation" as used under Sec. 12 of the Police Act (V of 1861) (In short "the Act") contended that the Legislatures have delegated full authority to the Director-General of Police to amend such rules or order, as he may deem expedient for appointment, etc. to organise a Police Force. Therefore, either to make any change or to alter the provisions enumerated under clause 663 of the Manual, approval of the Cabinet was not necessary.

6. Undisputedly, the procedure and process for appointment of the constables and the disciplinary actions, etc. against the members of force are to taken up on the basis of the criteria enumerated in the Police Manual. This is also not in dispute that the Police Manual was issued under the authority of the State Government enumerated under Secs. 7 and 12 of the Police Act after approval of the Cabinet. As per Sec. 7 of the Act, the State Government may from time to time confer power on the Director-General of Police-cum-Inspector-Gen