The main legal point established is that the select list published on 14.12.2020, as modified on 22.12.2020, shall continue for a period of one year or till exhausted, whichever is later, and the authorities must redraw the select list based on Rule 660 PMR with 30% pass marks, emphasizing the long-standing practice of requiring 30% pass marks and holding that the select list shall remain valid till exhausted as per past practice.

JUDGMENT :

Jaswant Singh, J.

1. The present three (03) intra court Appeals are filed by the Appellants, who were writ petitioners in three separate writ petitions i.e. WP (C) No. 5079 of 2021 with I.A. No.13515 of 2021, W.P.(C) No.199 of 2021 with I.A. No.13644 of 2021 and W.P.(C) No.3140 of 2021 with I.A. No.13645 of 2021 involving identical facts and issues and are aggrieved by a common judgment and order dated 09.09.2021 passed in WP (C) No.5079 of 2021 and by the declination of IA No. 13515 of 2021 seeking the modification of the Order dated 09.09.2021.

2. The Appellants (Writ Petitioners in the Writ Petition) are the matriculate Constables who are seeking directions to consider their eligibility to undergo the training for promotion as ASI of Police based on the Orissa Police Manual Rules, which prescribes the requirement of 30% marks in the written examination to qualify for inclusion in the Select List for ASI training and the validity of such select List to be one year or till the vacancies exist for which the selection process is conducted, whichever is later: as against the amended provision of Police Order 2020 wherein 40% marks in such written examination and the validity of such list to be 31 December of concerned year is prescribed.

Private respondents in W.A. No.778 of 2021 are constables who had secured 40% marks in the written test for being deputed to the ASI training course and whose names find mention in the select list dated 14th December, 2020/22nd December, 2020. An application to join the proceeding as intervener in W.A. No.778 of 2021 has been filed by the similar situated constables as the private respondents. The private respondents and the applicants had filed writ petitions seeking the validity of the select list till the exhausting of list of one year, whichever was later as per the un-amended rule i.e. PMR 660 instead of as prescribed under Police Order 2020. The writ petitions were also disposed of vide common order dated 09.09.2021.

3. For the sake of brevity, the facts and prayers, which are common to all the three writ petitions, are being noticed from the pleadings in WP (C) No.5079 of 2021, out of which the present Letters Patent Appeal arises are reproduced below:

“i) Admit the writ application

ii) Call for the record

iii) Issue a writ in the nature of mandamus or any other writ/writs direction/directions directing the opposite parties to allow the petitioners to undergo the ASI training on the basis of their seniority keeping in view the prevalent Rule relating to promotion to the post of ASI and the petitioners may be allowed to undergo the ASI training as has been done in the case of the other candidates who have been qualified in the written test under Rule 660 of PMR iv) In the alternative issue appropriate order/direction directing the opposite parties to undergo the ASIO course training taking into consideration the petitioners long service as constables from the date of their initial appointment.

v) And pass any other order/orders for the ends of justice directing the opposite parties to extend the same benefit as has been extended to large number of Constables who were qualified in the previous written examination.

vi) And/or pass any other order/orders, direction/directions as this Hon’ble Court deems fit and proper for the ends of justice.”

4. By the Order dated 09.09.2021, the Single Bench in WP (C) 5079 of 2021, has passed the following directions:

“2. It is agreed by learned counsel for the parties that the issue involved in this case is analogous to one involved in W.P.(C) No. 863 of 2021 and W.P.(C) No. 1994 of 2021, which have been allowed on 09.09.2021 by this Court.

3. Therefore, in view of the reasons stated in the detailed judgment dated 09.09.2021 passed in W.P.(C) No. 863 of 2021 and W.P.(C) No. 1994 of 2021, this writ petition is allowed.

4. It is directed that validity of the list, which was published on 14.12.2020, as modified on 22.12.2020, cannot be lapsed by 31.12.2020 and