1 Respondent No. 2 vide order No: 236 of 1974 dated 30-3-1974, annexure A partially modified CPO Order No; 167 of 1974 dated 7-2-1974 regarding the promotion to the post of constable selection grade by providing that half the number of selection grade posts available in each unit will be given to constable with a long me-ritorous service for which all constables were to be considered strictly in order of their seniority & selection grades awarded in that order subject to reduction of the merit. It was further provided that the other 50% of selection grades would be awarded on the basis of competition test marking system as already prescribed by rule 385 of J&K police Manual. The candidates were also required to be tested in a parade for which only 10 numbers were allowed. Constable with one years service who had passed their recruits training course were deemed to be eligible for the test. It was further provided that those found suitable would be brought on re-designated list A & promoted to the selection grades as vacancies occur. The system of promotion to the rank of constables & others promotions of list C was not to be charged. Selection grade constables were to constitute a rung in the ladder of promotions to the rank of Head Constable only after all selection grade posts are filled in after four years, till then every constable selection grade or otherwise who had five years was held eligible for list C. The Departmental promotion committee for list A and promotion to the selection grades was to be constituted by the Superintendents of police commandants themselves. Vide order No; 720 of1978 dated 11.11.1978, it was provided that in supersession of all previous orders on the subject of preparation of list A & C in the police department, the rules and guidelines prescribed vide the aforesaid order \annexure B" shall be followed. According to this order for list A, all the constables who had completed five years of service and had successfully passed the KTD at PTS Udhampur examinations and were in a position to read and write simple urdu sentences and english numeral were deemed to be eligible for the test. It also provided the marking system For list C it was provided that all selection grade constables with eight years total service including the service as constable were to de deemed eligible to be brought on list C. The test marking system for List A was also to apply for list C. No selection grade constables was to be promoted to the rank of Head constable until he had passed lower school course from the PTC Phillaur. 10% posts in the rank of head constables were reserved for aged selection grade constables & their names were to be inserted in the list on the basis of the seniority except in a case where the senior was considered due to his bad record. Five major punishments were deemed to be a disqualification. It was further provided that D. P. Cs would be constituted for both the lists by the Superintendents of police/ Commandants and all eligible constables/ selection grade constables Were to be called for test/interview and the list so prepare as not to exceed the number of vacancies which were likely to occur within the next 18 months. Feeling aggrieved of the aforesaid orders, the petitioner presented this writ petition on 24-2-1982 mainly on the ground that the impugned orders having been passed in contravention of the statutory provisions, were liable to be quashed It was submitted that the respondent No; 2 did not have the jurisdiction to the aforesaid impugned orders, as these were intended to over-ride the provisions of rule 385 of the J&K police Rules . It is submitted that under rule 383 any constable who can read and write simple urdu sentences and english numerals with a clear characterial was entitled to be considered for promotion to he Head Constable juni

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