O.CHINNAPPA REDDY, J.

1. In this appeal the vires of a rule prescribing an upper limit of age for promotion from the post of a Constable to that of a Head Constable is in question. In order to appreciate the issues involved in their proper perspective it is necessary to have a brief conspectus of the Rules relating to the recruitment of Head-Constables in the State of Punjab and Haryana.

2. Rule 12.12 of the Punjab Police Rules, 1934 , enjoins a duty upon all Gazetted Police officers to devote special attention to discover and encourage men of thoroughly good stamp to enrol themselves as Constables since the standard of performance and the reputation of the whole police force depend above all upon the quality of its constables . No literacy qualification is prescribed. Rule 12.4 prescribes that recruits shall be of good character. Rule 12.15 prescribes the physical standards of recruits and the limits of age. The lower age limit is 18 but persons who are above 17 may also be recruited subject to the condition that the service rendered by them before the age of 18 shall not qualify for pension. The upper limit of age is 25 in the State of Punjab and 27 in the State of Haryan