ORDER :

1. Rule. Ms. Sangita Vishen learned AGP waives service of notice of rule on behalf of the respondents in each of the petitions. With the consent of the learned advocates appearing on behalf of the respective parties, the matters are taken up for final hearing today. As common question of law and facts are arise in these group of petitions, they are being disposed of by this common judgment and order.

2. In all these petitions, respective petitioners who are serving as Constables in different Districts in State of Gujarat have prayed for an appropriate writ, direction and order directing the respondents to accept their applications for Recruitment of Police Sub Inspector (Unarmed) Class III by (Mode-2) Special Competitive Examination by notice dated 13.5.2009 and 8.5.2009 and permitting them to participate in the said recruitment process by considering them eligible and to give appointment to them as Police Sub -Inspector (Unarmed) Class III if they successfully pass out the written test, physical endurance test and oral test (interview).

It is also further prayed for an appropriate writ, direction and order to hold and declare that the Recruitment Rules at Annexure C (Collectively) are arbitrary, discriminatory and violative of Articles 14 & 16 of the Constitution of India and hence bad in law in so far as they consider only the Head Constables having three years of service as eligible for promotion to the post of P.S.I by Mode-2 on the basis of Special Competitive Examination and insofar as they do not consider the Constables having more than 12 years of service as eligible for such promotion.

It is also further prayed for an appropriate writ, direction and order to hold and declare that the respective petitioners and such other Police Constables who have put in more than 12 years of total service and who have been given higher grade pay scales of the promotional post of Head Constable as per G.R. dated 16.8.1994 since more than three years are also eligible for promotion to the post of P.S.I by Mode-2 on the basis of Special Competitive Examination as per rules at Annexure C (collectively).

3. Before considering the rival submissions made on behalf of the learned advocates appearing on behalf of the respective parties, the relevant rules governing for the post in question deserves to be reproduced.

In exercise of powers here by Clause(b) of Section 5 of the Bombay Police Act, 1951 and in supersession of all the rules made in that behalf, the Government of Gujarat has made Police Sub-Inspector (Unarmed) Class III Recruitment Rules, 2008 (hereinafter referred to as "Recruitment Rules, 2008") to provide for regulating the recruitment to the post of Police Sub Inspector (Unarmed) Class III, (hereinafter referred to as "post in question") in the Gujarat State Police Service. Rule 2 of the Recruitment Rules, 2008 provides manner of appointment which reads as under :

1. Short title - These rules may be called the Police Sub-Inspector (Unarmed) Class III, Recruitment Rules, 2008.

(2) They shall come into force on the date of their publication in the Official Gazettee.

(3) These rules are provided for regulating the recruitment to the post of Police Sub Inspector (Unarmed) Class III in the Gujarat State Police Service.

2. Manner of appointment.- Appointment to the post of Police Sub- Inspector (Unarmed) Class III, in the Gujarat State Police Service shall be made either-

(1) by promotion of a person of proved merit and efficiency from amongst the persons who-

(a) have worked for not less than five years in the cadre of Assistant Sub-Inspector (Unarmed), Class III, in the Gujarat State Police Service:

Provided that where the appointing authority is satisfied that a person having the experience as specified above is not available for promotion and that it is necessary in the public interest to fill up the post by promotion even of a person having experience for a lesser period; it may for reasons to be recorded in writing promote such pe