Finding of the court : The appellant has thus rightly not challenged the selection procedure but has narrowed her claim to only against the respondents’ interpretation of ‘work experience’ as part of merit determination. Since interpretation of a statute or rule is the exclusive domain of Courts, and given the scope of judicial review in delineating such criteria, the appellant’s challenge cannot be turned down at the threshold. However, we are not commenting specifically on the merit of appellant’s case, and our determination is alien to the outcome of the selection process. It is possible post what is held hereinafter that she be selected, or not.

JUDGMENT :

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

1. This appeal under Clause 15 of the Letters Patent is at the instance of the State of Gujarat and is directed against the oral order dated 22.01.2020 (as modified by the order dated 30.01.2020) passed by a learned Single Judge of this Court in the Special Civil Application No.3953 of 2018, whereby the learned Single Judge was pleased to allow the writ application so far as the respondents Nos.1 to 7, 14 and 19 respectively are concerned by declaring them to be eligible and qualified to be promoted to the post of Police Sub-Inspectors under Rule 2(2) of the Police Sub-Inspector (Unarmed) Class-III, Recruitment Rules, 2008 in the category of Scheduled Tribes with all the consequential benefits.

2. The facts, giving rise to this appeal, may be summarized as under;

2.1 The Special Civil Application No.3953 of 2018 came to be filed by, in all, 27 writ applicants with the following prayers;

“a) to admit this petition and to issue Notice for final disposal on returnable date;

b) to quash and set aside the impugned Selection List dated 06.10.2017 as per Annexure-C in so far as and to the extent that It does not include the petitioners’ names though they have obtained more than the cut-off marks of 173.50 obtained by the last selected Scheduled Tribe Category candidate; and be further pleased to direct the respondents to prepare and publish the fresh Selection List including the present petitioners therein, and to give promotion to the petitioners on that basis as PSI by Mode-2 with all the consequential benefits;

c) to hold and declare and direct that the impugned action of the respondents in selecting only 30 candidate of Scheduled Tribes Category though there are 57 notified vacancies for Scheduled Tribes in the Advertisement at Annexure-A, is liable to be quashed, and the respondents are duty bound to include 57 Scheduled Tribes candidates in the Advertisement at Annexure-A

d) to direct the respondents to include the petitioners’ names in the Selection List and to give them promotions as PSIs by Mode-2 as Scheduled Tribes candidates with all consequential benefits;

e) to quash and set aside the impugned list of ‘Not Qualified’ candidates as published by the respondents on 06.10.2017 as per Annexure-D in so far as and to the extent that it wrongfully includes the present petitioners’ name therein though the petitioners are fully qualified and eligible to be promoted as PSI by Mode-2;

f) Pending the hearing and final disposal of this petition, be pleased to stay the operation of the impugned selection list dated. 06.10.2017 published by the respondent no.3 as per Annexure-C;

g) Pending the hearing and final disposal of this petition, be pleased to direct the respondents, their agents and servants to send the petitioners for training and to them appointments and postings are PSI by Mode-2 as if their names are included in the Selection List dated 06.10.2017 published by the respondent no.3 as per Annexure-C”

2.2 For the purpose of appointment of the Police Sub- Inspectors, the Appellant-State has framed the Police Sub-Inspector (Unarmed) Class III, Recruitment Rules, 2008 (hereinafter referred to as “the Rules of 2008”). Under such Rules of 2008, three modes of appointment have been provided.

i. By direct selection (Mode-1);

ii. By promotion on the basis of the merit rank obtained in the Special Competitive Examination conducted in accordance with the rules prescribed in that behalf by the Government; (Mode-2) and iii. By promotion by way of seniority (subject to conditions mentioned in the said Rules of 2008) [Mode-3]

2.3 The relevant rule, being Rule 2 of the Rules of 2008, is reproduced hereunder;

“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