JUDGMENT

B.N. MAHAPATRA, J. — In the present writ petition, the petitioner challenges the action of the opp.parties in not allowing him to participate in the test for promotion to the rank of A.S.I. under Rule 72 of the R.P.F. Rules, 1987 (for short, ‘Rules 1987’) which was scheduled to be held on 21.04.2010 onwards at Vishakhapatnam on the ground that the said action is illegal, arbitrary and in violation of the fundamental rights guaranteed under Articles 14 and 16 of the Constitution of India.

2.Bereft of unnecessary details, the facts and circumstances giving rise to the present writ petition are that the petitioner was selected for the post of Constable on 08.03.1999. After his selection, he was sent for training and after completion of nine months training he was appointed as Constable on 29.01.2000. While working as such, Opp.Party-Chief Security Commissioner/RPF, East Cost Railway, Bhubaneswar, Dist : Khurda issued letter on 30.10.2009 (Annexure-2) inviting written willingness from the Constables and Head-Constables, who have completed ten years’ service on the date of notification, to appear in the test to be considered for promotion to the post of A.S.I. Pursuant to the said notification, the petitioner made a representation before the opp.party to permit him to appear in the selection test. In this connection, a reference was made to the Railway Board seeking clarification as to whether training period shall be counted for departmental selection. Under Annexure-3, the Chief Security Commissioner/RPF, East Coast Railways, Bhubaneswar vide letter dated 27.11.2009 clarified that the training period shall not be counted for the purpose for appearing in any test for departmental selection. On receipt of the said letter, the petitioner filed a representation stating, inter alia, that there is nothing in Rule 72 to ignore training period while counting the period of ten years. During pendency of the petitioner’s representation, letter dated 22.03.2010 (Annexure-5) was issued directing 17 Constables and Head-Constables to remain in readiness to appear in the selection test/promotion test of A.S.I. which was scheduled to be held on 21.04.2010 and onwards. In the said list, the name of the petitioner does not find place. Hence, the writ petition.

By an interim order dated 13.04.2010 this Court directed the opp.party to allow the petitioner to appear in the selection test fixed to be held on 21.04.2010. It was further directed that the result of the aforesaid test shall be subject to further order that would be passed by this Court.

3.Mr. Manoj Kumar Khuntia, learned counsel appearing for the petitioner submits that Rules 68 to 74 of the Rules 1987 deal with promotion and career planning of the enrolled members of the Force. Rule 70 deals with Departmental Promotion Committee. Rule 71 deals with marks and Rule 72 provides for holding of limited departmental competition. Rule 63.1 of the Rules 1987 provides that the period of training shall be treated as duty for all purposes. In the letter dated 30.10.2009 the eligibility criteria have been fixed without taking into account this provision of the Rules 1987. Under Rule 72.1, applications from eligible candidates for appearing in the limited departmental competition to the ranks of Head Constable and Assistant Sub-Inspector are to be invited thirty days in advance to the proposed date of holding the said competition. Since the examination was fixed to 21.04.2010, applications should have been invited thirty days before from the candidates eligible as on 22.03.2010. It is submitted that even if the training period of the petitioner is excluded then also he will be eligible to participate in the selection test for promotion to the rank of ASIPF held on 28.04.2010 as he completed ten years’ service as on 28.01.2010. Had the applications been invited in accordance with Rule 72 of the Rules 1987, the petitioner would have been considered for the said post. The instrumentalities of the St