( 1 ) THE controversy in Special Appeal No. 191 of 1998 State of U. P. and others v. Smt. Shakuntala Shukla as well as in special appeals and writ petitions connected thereto pertains to validity of selection of Sub-Inspectors of Police for promotion to the rank of Circle Inspector. The special appeal sterns from the Judgment and order dated 20. 2. 1998 whereby the learned single Judge allowed the Smt. shakuntala Shukla v. State of U. P. and others, Civil Misc. Writ petition No. 20716 of 1997 and quashed the impugned selection of Sub-Inspectors for promotion to the rank of Circle Inspectors and issued consequential directions to the authorities concerned to initiate fresh selection in the light of the observations embodied in the Judgment. Since the challenge in all the special appeals and writ petitions converged to the self same select-list 1996-97, all the petitions and special appeals were lumped together with the aforesaid Special appeal No. 191 of 1998 for decision as a composite case. It would be worthwhile to recall here that some of the connected petitions were instituted before the Lucknow Bench of this Court, but since challenge in the connected petitions too was focussed on the self-same select-list, recourse was taken to clause 14 of the Amalgamation Order, 1948 for marshalling of all such petitions for their disposal along with special appeal aforestated. In fact, in Writ Petition Nos. 3712 (L) of 1997, 3751 (L) of 97, 3733 (L) of 1997. 3776 (L) of 1997, 3785 (L) of 1997, 3787 (L) of 1997, the learned Judge who was in seisin of the matter at Lucknow Bench of this Court, scripted the following questions and commended the matter to be heard and disposed of by a two Judges bench. (1) Whether the Departmental Selection Committee constituted for the purpose of selection of sub-Inspectors, Civil Police for promotion to the rank of Inspector. Civil Police, having adopted the criterion of merit alone for selection, has not contravened the provisions of "the Uttar pradesh Government Services Criteria for Recruitment by Promotion Rules. 1994" which lays down that posts for all services (excepting the post of Head of Department and Officer immediately below him) to be filled up by promotions, shall be made on the basis of seniority subject to rejection of the unfit. (2) Whether the provisions of the Uttar Pradesh Government Services Criteria for Recruitment by Promotion Rules. 1994 do not apply to the police personnel? (3) Whether in case the answer to question No. 1 is in the affirmative the selection/select list contained in Annexure-1 in some writ petitions and Annexures-1 and 2 in others is not bad in law and liable to be quashed?

( 2 ) THE impugned selection of Sub-Inspectors of Police for promotion to the rank of Circle inspector was made on the basis of merit as visualised by G. O. dated 5. 11. 1965 which reads as under :

"from : sri R. K. Dar, up Sachiv. Uttar Pradesh Shasan, to. The Inspector General of Police. Uttar Pradesh, allahabad/lucknow. Dated Lucknow : November 5, home (Police-A)Sub. : Method of Selection of Sub-Inspectors for promotion to the rank of Inspectors. Sir, with reference to Deputy Inspector General of Police, Headquarters Letter No. V-500-51. dated august 18, 1964, on the subject noted above. I am directed to say that after careful consideration of the recommendations contained in para 246 of the U. P. Police Commission Report, 1960, the governor in supersession of the provisions in the police Regulations and in modification of the present orders on the subject, has been pleased to order that the procedure for selection sub-Inspectors for their promotion to the cadre of inspector shall henceforth be as follows : (A) The existing quota system by which a certain number of Sub-Inspectors are at present selected from each Range should be abolished. Sub-Inspectors Civil Police who have put in not less than 10 years service as such (and are below 50 years of age) on the 1st day of Januar