Honble Devi Prasad Singh, J.—The controversy, involved in the bunch of writ petitions, relates to promotion of persons holding the post of Constables and Head Constable to the post of Sub-Inspector, in common parlance called as rankers’ promotion, in the police department of State of Uttar Pradesh.

2. The petitioners, who are holding the post of Head Constable while approaching this Court under Art. 226 of the Constitution of India, have submitted that while proceeding with the selection in question, the opposite parties have acted for extraneous reasons and tried to select the persons who are dead or against whom criminal cases of serious nature like dacoity, robbery, murder etc. including the departmental proceedings or vigilance enquiry are pending. The names of such persons who are already undergoing training in other wing of the police department have been included in the impugned tentative list, although it should contain only the names of the persons selected on merit through the examination in the manner discussed hereinafter.

3. From the material on record, it appears that since last ten years, the persons working in the cadre of the Head Constable in the U.P. Police Department have been deprived to avail promotional avenue of Sub-Inspector on one or the other ground and also because of multiplicity of litigation. Broadly, twice the controversy cropped up in this Court and decided up to the stage of special appeal. Now, for the third time again, for the reasons hereinafter narrated, the selection process has been challenged on the ground of malice in law, arbitrary exercise of power and inclusion of names of such persons in the select list who cannot, otherwise, be found place in it, in accordance with law.

4. Before considering the present controversy and earlier litigation, it shall be appropriate that relevant Government circulars and orders should be considered in brief relating to the promotion of the Head Constables in the cadre of Sub-Inspector. Regulation 44 of the U.P. Police Regulations, as amended from time to time, regulates the provisions relating to promotion of constables and Head Constables for promotion to the cadre of Sub Inspector of Civil Police. According to Regulation 44, the constables and Head Constables who have served not less than three years and whose age is not more than 40 years on first day of the calendar year possesssing the qualification of Intermediate or equivalent shall be eligible to appear in the test for Sub-Inspector against promotees quota. The candidates who qualify the test shall be entitled to appear in interview. It shall be subject to condition that he secured minimum qualifying marks provided in the Regulation. Four time candidates to the number of vacancies in the ranker cadre should be called for interview in order of merit from the select list.

5. In pursuance to the report of the U.P. Police Commission, 1960, the State Government had issued an order dated 29.10.1965 in pursuant to the power conferred by Section 2 of the U.P. Police Act to fill up the vacancies of promotees quota in the cadre of Sub-Inspector of Police. According to the Government order, the procedure for selection of constables/Head Constables for their admission to the Sub-Inspector of Civil Police cadre was to be done in pursuance to the written test as well as interview. Those who qualify in the written test and the interview subject to physical fitness followed by drill and physical training examination were qualified to appear before a board for the interview. Preliminary and final examinations were to be held and those candidates who acquire 30% marks in each and 40% aggregate in the general test for final selection were eligible to appear for interview before the board. Four time candidates to the number of vacancies reserved for rankers cadre should be called for interview strictly in order of merit. The Government order dated 29.10.1965 was modified by subsequent order dated 15.7.1986. B