The selection process for promotion to the post of Prosecuting Inspector was based on merit and not seniority, and the elimination of candidates who failed to obtain the requisite marks was justified.

1. - The petitioner was appointed as a Prosecuting Sub Inspector in the police department of the State of Rajasthan on June 6, 1955. Selection for promotions to the post of Prosecuting Inspector took place in the year 1972 & the petitioner was one of the candidates eligible for promotion to the aforesaid posts of Prosecuting Inspectors. The petitioner was successful at the qualifying examination for promotion held under Rule 26 of the Rajasthan Police Subordinate Service Rules, 1966 (hereinafter referred to as 'the Rules'). There after, he was interviewed and his record of service was also considered by the committee, constituted for making selections in accordance with the provisions of Rule 24 of the Rules. Under Sub-rule (2) of Rule 24 of the Rules, the committee was enjoined to prepare a list of suitable candidates who secured 45/- marks in record and interview as a whole and 50/- marks in the total aggregate of written test, outdoor examination and the record and interview. As the petitioner was not able to obtain 50/- marks in the total aggregate, his name was eliminated A list often persons, who were successful at the aforesaid selection on account of the fact that they obtained the requisite marks, as specified in Sub-rule (1) of Rule 24, in the written test and parade and outdoor test and the aggregate thereof and then also in the record and interview and in the total aggregate, as required by the provision of Sub-rule (2) of Rule 24, was prepared by the Selection Committee and was forwarded to the Inspector General of Police, Rajasthan. There upon the ten suitable candidates were sent for the Promotion Cadre Course.

2. The first contention of the learned Counsel for the petitioner is that no seniority list was prepared in respect of the cadre of Prosecuting Sub-Inspectors for promotion to the posts of Prosecuting Inspectors. It is not in dispute that no State-wide seniority list has been prepared of all the Prosecuting Inspectors, although range-wise seniority lists did exist. But no prejudice appears to have been caused to the petitioner on account of the absence of a state-wide seniority list. As a matter of fact, the procedure for selection for promotion to the posts of Prosecuting Inspector is prescribed in Rules 24 and 26 of the Rules. A qualifying examination is held at which every person holding the post of a Prosecuting Sub-Inspector and who is a Law Graduate or has passed the Prosecutor's examination from a recognised University and who has at least three years' continuous service as a Prosecuting Sub-Inspector is entitled to appear. The qualifying examination consists of two parts, of which the first part comprises of a written test which consists of three papers. The second part of the qualifying examination consists of parade and other outdoor tests. Those persons who obtain 40/- marks in the written test and 35/- marks in parade and other outdoor tests and also obtain 45/- marks in the aggregate are considered to be successful at the qualifying examination. There after, a list containing the name of persons not exceeding five times the number of vacancies, out of the senior most members of the service, who have passed the qualifying examination is to be prepared by the Selection Committee constituted for the purpose. The Committee there after is required to consider the record of service of the persons included in the list prepared in accordance with Sub-rule (1) of Rule of 24 and also to interview them, and then prepare a list containing the names of suitable candidates, who secured 45/- marks in record and interview as a whole and 50/- marks in the total aggregate of written test, outdoor examination and record and interview, upto twice the number of vacancies The candidates, whose names are, thus, recommended by the Selection Committee under Sub-rule (2) of Rule 24, are requited to undergo the Promotion Cadre Course. The names of those candidates who successfully complete the promotion cadre c