H. Baruah, J.

1. Prior to adoption of Mizoram Police Manual, 2005 notified in the Mizoram Gazette dated 1.5.2006, the service conditions of Police Personnel in the State of Mizoram were regulated by the provisions of Assam Police Manual. In respect of promotion of the Havildars appointed by following the provisions of Assam Police Manual, Sub-Rule 1 of Rule 41 of Part III was followed. The writ petitioners were appointed as such in the police department and all the writ petitioners herein are Havildars to the Armed Branch of the department. In Sub-rule 1 of Rule 41 of the Assam Police Manual, for the purpose of promotion of Havildars to the rank of Sub-Inspector, Armed Branch (for short ABSI) and Direct Recruitment of Armed Branch Sub-Inspector, the following provisions are made:-

(i) Promotion to Sub-Inspectors rank in the Armed Branch will ordinarily be made by selection from amongst the confirmed Havildars and Head-Constables subject to their passing of the prescribed cadre course(s). Proficiency in drill, a good knowledge of weapons, tear smoke tacties and interior economy of Platoons, Battalions and of the Reserve and marked ability to maintain strict discipline are essential qualifications. He must be absolutely fit physically and may be required to appear for Inspections by Medical Board before selection.

2. The procedure to be observed by the Departmental Promotion Committee (DPC) was issued by the Department of Personal and Administrative Reforms (DP&AR), Government of Mizoram vide office memorandum dated 24.1.2005 was issued as follows:-

No interview should be held unless it is specifically provided in the Recruitment Rules/Service rules for the posts/service.

This procedure finds place in the office Memorandum dated 24.1.2005 (Annexure-1).

3. Promotion of Havildars to the rank of ABSI of Police being regulated by Sub-rule 1 of Rule 41 of the Assam Police Manual, Part III and the said Rule having not provided the guidelines to be followed, the respondent No. 2 issued guidelines vide standing order dated 11.4.2005, for the purpose of assessing the performance of Havildars for promotion to ABSI. The marks allotted for written, examination and practical efficiency test as given in the standing order dated 11.4.2005 is as follows:–

(1) Personal turn out 15

(2) Proficiency in drill 15

(3) Command and Control 15

(4) Handling and Practical Knowledge of weapon 15

(5) Field Craft 15

(6) General knowledge (Written) 25

Total 100

4. In addition to the above, the following service record within the last 5 years will also carry marks as indicated against each as follows:–

1. Rewards 1(one) mark for each reward. Maximum 5 marks

2. Punishment One mark to be deducted for each minor punishment. Maximum 5 marks.

3. Bonus marks will be given for the following:–

(a) Police Medal :

(i) PGM/PPM 5 Marks

(ii) GM/PM 4 Marks

(iii) Any Governor's medal 2 Marks

(b) GS Marks 2 Marks each/Maximum 6 Marks

(c) Specialized Course more than 3 months 2 Marks

5. The respondent No. 3 herein issued a letter to the various Commandants, Superintendents of Police and the Principal, Police Training Center vide letter dated 13.4.2005, requesting them to submit names of Havildars who were eligible and willing to appear in the departmental examination for promotion to the post of ABSI against the vacancies. But, in the meantime, vide order dated 6.5.2005, the respondent No. 2 herein by issuing an order dated 6.5.2005, modified the standing order dated 11.4.2005 to the extent that the Havildars who have completed 5 years of satisfactory service as on 30.6.2005 would be eligible for consideration for promotion to the rank of ABSI instead of 10 years of service and the present writ petitioners herein were among the group of 305 candidates who took part in the departmental examination for promotion to the post of ABSI of Police.

6. Departmental Test for promotion to ABSI of Police was held on 7.2.2006 to 11.2.2006 and the result of the said Departmental Test was published,