S.J. Mukhopadhaya, J.

1. This writ petition has been preferred by the petitioner far issuance of writ of mandamus, commanding and directing the respondents, specially, the State of Bihar and State of Jharkhand to furnish necessary documents to the Union Public Service Commission (for short UPSC) and Union of India to enable them to convene a meeting of the Selection Committee for preparation of year-wise select list from 2000-03 for promotion to the cadre of Indian Police Service from amongst the eligible Officers of the State Police Service.

2. According to the petitioner, he was initially appointed as Deputy Superintendent of Police (DSP for short) on 21st November, 1979 in the then State of Bihar. He got all his promotion in due time having been confirmed in the rank of DSP w.e.f. 21st November, 1982 and got Junior Selection Grade w.e.f. 1.4.1991 and Senior Selection Grade post w.e.f. 1.4.1994.

Further case of the petitioner is that he was posted as Commandant, Home Guard, Bihta (Bihar), vide Notification, No. 7088 dated 15th July, 1998, as on the date, he is in the original scale of Addl. S.P. He was posted as S.P. (Administration) in the Office of the Zonal I.G. of Police, Darbhanga, where- inafter he was posted as S.P. Palamau and Commandant JAP-II, Tatisilva and presently posted as S.P. (vigilance), Ranchi.

3. The counsel for the petitioner submitted that the petitioner is eligible for promotion in the Indian Police Service. Under Regulation 5 of the Indian Police Service (Appointment by Promotion) Regulation, 1955, a select list to be prepared for appointment by promotion from State Police Service Officers and the Selection Committee, as per Regulation, shall originally meet at the interval not exceeding one year to prepare select list out of the State Police Service Officers, but since after reorganization of the Sate, it has not been prepared in the successor State of Jharkhand. On the other hand, in the State of Bihar, such list has been prepared, all required data and names having been forwarded for consideration by the Selection Committee.

4. The counsel placed reliance on Supreme Court decision in the case of Syed Khalid Rizvi and others as reported in (1993) Supp 3 SCC 575.

5. A preliminary objection having been raised relating to maintainability of the writ petition before the Single Judge of the High Court, as there being already a forum for redressal of such grievance before the Central Administrative Tribunal.

6. Replying to such preliminary objection, the counsel for the petitioner made two fold submissions :--

(a) The prayer as made in the present writ petition, neither falls within the meaning of recruitment nor falls within the meaning of conditions of service, as per Section 14 of the of the Central Administrative Tribunal Act, 1985. Therefore, the High Court has jurisdiction to issue writ at this stage; and

(b) Even if there is a remedy before the Central Administrative Tribunal, there is no bar to decide the issue and to give direction under Article 226 of the Constitution of India.

7. From the Indian Police Service (Appointment by Promotion) Regulation 1955, it will be evident that the process of Appointment by Promotion (Recruitment) starts from the stage of Regulation 3, constitution of the Committee to make selection. As per Regulation 3, there should be a Committee constituted for the State Cadre under the Chairmanship of Commission and members as made thereunder. Each such Committee shall ordinarily meet every year to prepare a list of members of the State Police Service, as may be held by them to be suitable for promotion to Indian Police Service, as per Regulation 5. Therefore, the question of consideration by a Selection Committee comes into ply only after the constitution of the Selection Committee. Once the Committee is constituted the first step/stand taken for recruitment by way of promotion to the Indian Police Service.

The jurisdiction power and authority of the Central Administrative Trib