The main legal point established in the judgment is the retrospective effect of rule amendments and their impact on the eligibility for promotion.

J.B. Pardiwala, J.

1. By this writ-application under Article 226 of the Constitution of India, the petitioners, desirous of seeking promotion to the posts of Assistant Sub-Inspector, have prayed for the following reliefs :

"(A) Your Lordships will be pleased to admit and allow the present petition;

(B) Your Lordships will be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents to give promotion to the petitioners as Asst. Sub Inspector with all consequential benefits from February 2013.

(C) Such other and further relief that is just, fit and expedient in the facts and circumstances of the case may be granted."

2. The facts of this case may be summarised as under :

"The petitioners came to be appointed as the Armed Head Constables (State Reserve Police) under the respondent No. 3. In the year 2009, they cleared the second grade examination and were promoted as the Armed Head Constables w.e.f. 30th July 2009. On 28th January 2003, an office order was passed by the respondent No. 3 for conducting the exam for the purpose of departmental promotions from the Armed Head Constables to the Assistant Sub-Inspectors. The exam was conducted between 7th February 2013 and 9th February 2013. In all, 88 candidates appeared in the exam and 49 Armed Head Constables were declared as 'pass'. The list of successful candidates was forwarded to the respondent No. 2 on 11th February 2013."

3. It is the case of the petitioners that although they cleared the examination in 2013, yet till this date, they have not been given promotions on the posts of Assistant Sub-Inspector. Hence, this petition.

4. At this stage, it may not be out of place to state that during the pendency of this writ-application some developments took place which has changed the entire complexion of the matter. According to the learned counsel appearing for the petitioners, his clients came to be promoted in November 2014 as the Assistant Sub-Inspectors, subject to the final outcome of this petition i.e. the Special Civil Application No. 3148 of 2014. In the mean time, a notification came to be issued dated 13th May 2015 for the departmental examination for the purpose of promotion to the posts of Platoon Commander. The notification makes it clear that only those Assistant Sub-Inspectors who have put in more than two years of service would be eligible to appear in the departmental examination. I am told that the departmental examination is scheduled to be held on 30th June 2016. In such circumstances, one Civil Application No. 11166 of 2015 came to be filed with the following prayers :

"(A) Your Lordships will be pleased to admit and allow the present Civil Application and pleased to direct the respondents to allow the applicants for the departmental examination for the post of Platoon Commander.

(B) Your Lordships will be pleased to expedite the hearing of Special Civil Application No. 3148 of 2014 and fix the date of early final hearing.

(C) Such other and further relief that is just, fit and expedient in the facts and circumstances of the case may be granted."

5. While opposing the said Civil Application, an affidavit-in-reply was filed on behalf of the respondent No. 3, duly affirmed by the Police Inspector serving under the Commandant, SRP Force, Group-VI, District Sabarkantha, inter alia, stating as under :

"3. I say and submit that the State Reserve Police Force (SRPF) is constituted into Groups that are stationed at different centres in the State. The constitution and working of SRPF Groups are governed by the provisions of the Gujarat SRPF Act-1951, Bombay SRPF Rules-1959 (as amended by the Government of Gujarat from time to time) and Orders issued by the supervisory authorities in the organisational hierarchy of the SRPF. At present, the organisation of the SRPF is headed by the A