B.D. Agarwal, J.

1. Drafting of legislation is not only an art but it is also a science. A perfect and a well crafted legislation is likely to achieve the objectives for which it is enacted, whereas a defective legislation not only defeats the intention and purpose for which it is legislated but defective rules and laws may also create confusion in the same field as well as injustice to the prospective beneficiaries of such law.

2. The case in hand is an instance of causing artificial discrimination due to defective amendment of Service Rules, thereby depriving the writ petitioner from service benefits, more particularly, in the field of promotion.

3. The writ petitioner is a well-qualified and talented police officer. The petitioner is possessing degrees in Mechanical Engineering and also in Master of Technology. In the year 1979, the Government of Manipur created a post of Deputy Superintendent of Police (Motor Transport), ostensibly due to increase in the fleet of vehicles of Police Department. After the creation of the post, one Inspector of Police was appointed as Deputy Superintendent of Police on promotion. On his retirement the post was advertised and on the recommendation of Manipur Public Service Commission, the petitioner was appointed in the said post of Deputy Superintendent of Police (MT) vide order dated 12.9.1986. It may be mentioned here that while advertising the said post, it was stipulated that the applications must possess either a degree in Automobile Engineering or in Mechanical Engineering.

4. In the year 1985, a scheme was prepared for the maintenance of transport section of the Police Department. With a view to augment supervision and maintenance of the Motor Transport Workshop of the Manipur Police Department, the Government created 3 (three) more posts, one each in the rank of Superintendent of Police (MT), Deputy Superintendent of Police (MT) and Inspector (MT) vide order dated 20.9.1986 (Annexure-A/7). Since this order is riot in supersession of the earlier order dated 7.9.1979 creating one post of Deputy Superintendent of Police (MT), it has to be presumed that after the order dated 20.9.1986, there became two posts of D.S. Ps (MT). It was followed by enactment of the Police Department, Manipur (Superintendent of Police (MT) Recruitment Rules, 1988 (in brief "1988 RR"). Under this 1988 RR, the post of Superintendent of Police (MT) was designated to be a promotional post from Deputy Superintendent of Polices, possessing mechanical/automobile engineering degree with 8 years regular service in the grade. A copy of the 1988 RR has been annexed with the writ petition and marked as Annexure-A/8. Simultaneously, another Recruitment Rules in the name and style of Police Department, Manipur Deputy Superintendent of Police (MT) Recruitment Rules, 1988 was published and detailed guidelines to fill-up two posts of D.S.Ps was also published.

5. While the aforesaid Recruitment Rules for appointment of Superintendent of Police and Deputy Superintendent of Police (MT) were in vogue, the Governor of Manipur amended the Manipur Police Service Rules, 1965, applicable to general police force, in the year 1991. By virtue of this amendment, notified on 25.9.1991, the post of Superintendent of Police (MT) was en-cadred with the regular police force. However, neither the remaining two posts of D.S.P.(MT) and one post of Inspector (MT) were en-cadred in the general police force nor the said Manipur Police Service (1st Amendment) Rules, 1991 laid down any special criteria for promotion to the post of Superintendent of Police(CMT). I have already noted earlier that under 1998 RR special educational qualification has been prescribed for promoting Dy. S.P. in the rank of Superintendent of Police (MT). A copy of the Manipur Police Service (1st Amendment) Rules, 1991 has been annexed with the writ petition under Annexure-A/12 and one part of the same has been challenged in this writ petition, relating to en-cadering of the