IMPORTANT POINT
The Jharkhand Rajya Police Appointment Rules, 2014 are valid and do not violate constitutional provisions, affirming the employer's authority to set recruitment criteria.

JUDGMENT :

Shree Chandrashekhar, A.C.J.

The petitioners are aggrieved by the framing of the “Jharkhand Rajya Police Appointment Rules, 2014” [“Jharkhand Rajya Police Appointment Rules, 2014” shall be referred to as ‘the Recruitment Rules of 2014’] superseding the provisions under the Jharkhand Police Manual for the selection and appointment of the Police Constables.

2. The petitioners in this batch of writ petitions are Home Guards, who can be broadly divided under three categories viz. (a) those who did not qualify for the Mains examination (b) those who were called for the Medical and Fitness tests and (c) those who are seeking age-relaxation. All of them have questioned the power of the State of Jharkhand and the legal foundation for framing the Recruitment Rules of 2014 on the ground that the Jharkhand Police Manual occupies the field of the appointment and selection of the Constables. A large number of the petitioners participated in the last recruitment exercises but could not make it to the final selection list and now they seek to challenge the appointment of the Constables on the ground that the recruitment exercises in the past were conducted in breach of the statutory provisions of the Jharkhand Police Manual. For the sake of brevity, we shall briefly refer to the writ pleadings which are as follows:

(i) The Police Act, 1861 was notified on 22nd March 1861.

(ii) The Bengal Police Manual was issued in 1884.

(iii) In 1912, the Bengal Police Manual was re-named as Bihar and Orissa Police Manual.

(iv) The Bihar Police Manual, 1978 was issued.

(v) The Cabinet of the Government of Bihar approved the revised Police Manual in December 1977.

(vi) The State of Jharkhand was created on 15th November 2000.

(vii) On 12th November 2001, the Bihar Police Manual was adopted with certain amendments.

(viii) The petitioners are working as the Home Guards in the State of Jharkhand.

(ix) Advertisement No.4 of 2015 was issued on 1st May 2015 inviting applications from eligible Home Guards for appointment to the post of Police Constable.

(x) Advertisement No.4 of 2015 laid down the procedure for appointment by holding the examination in three phases viz. (a) preliminary examination (b) main examination and (c) physical and medical tests.

(xi) The total number of posts advertised was 7272 out of which the appointment to the Jharkhand District Police Force was to be made on 6422 posts and for the Jharkhand Armed Police Force on 850 posts.

(xii) According to the petitioners, 3631 posts were earmarked for Home Guards.

(xiii) Under Advertisement No.4 of 2015, there is a provision for the trained Home Guards registered with the Jharkhand State that 50% posts shall be earmarked for them; the remaining 50% of posts shall be filled up by non-Home Guard candidates.

(xiv) Later, Advertisement No.8 of 2017 was issued and appointments of the Constables have been made.

3. In 1st set of writ petitions[W.P(S) No. 6 of 2017 & analogous cases are hereinafter referred to as 1st set of writ petitions], the petitioners contend that the Recruitment Rules of 2014 cannot be enforced and are ultra-vires to the Constitution of India. This submission is premised on the ground that there already exists the statutory Rules for appointment of the Constables which were framed in exercise of the powers under Sections 7 and 12 of the Police Act, 1861. These petitioners seek to challenge a part of the final result based on the Mains examination on the ground that their exclusion in the final result was wholly illegal and arbitrary because they had already qualified in the Preliminary test. Consequent upon the granting of the aforesaid prayers, the petitioners are seeking permission to appear in the Physical/Medical test for being considered for appointment to the post of Constable under 50 percent reserved seats for Home Guards. In short, Sunil Tudu has approached the Court with the following prayers:

(a) To hold and declare Jharkhand Rajya Police Appointment Rules, 2014 (in short “Rules 2