The government has the authority to unilaterally alter the terms and conditions of its employees and determine the qualifications and conditions for promotion, with a limited scope of judicial review in such matters.

JUDGMENT :

Manoj Kumar Tiwari, J.

By means of this writ petition, petitioners have the sought following reliefs:

i. Issue a writ order or direction in the nature of certiorari, calling for records and declare/quash Rule -5 (2), Rule -24 (a) & (b), Rule-25, 25, Schedule - 6 Rule - 1& 7& 8, Schedule - 7 Rule - 1& 7 of Uttarakhand Police Constable and Head Constable (Civil Police, Intelligence and Armed Police) Service Rules, 2018 and Rule - 2 of 2019 Amendment (ANNEXURE NO.1.) ultra vires to the Constitution of India hence illegal.

ii. Issue a writ order or direction in the nature of certiorari, calling for records and declare/ quash Rule 5, Rule 5 A (3) (a) of Uttarakhand Police Sub-Inspector and Inspector (Civil Police and Intelligence) Service Rules, 2018 (ANNEXURE NO.1.) ultra vires to the Constitution of India hence illegal.

iii. Issue a writ order or direction in the nature of mandamus directing the respondents to fill all posts of Head Constable from Constable, only by way of departmental seniority basis of Constables, excluding ineligible candidates (that is to say hundred percent by way of promotion).

iv. Issue a writ order or direction in the nature of mandamus directing the respondents to promote Head-Constable to Sub- Inspector by way of 50% on seniority basis and 50% on open direct entry basis out of the total vacancy.

2. Petitioners are serving as Constable in Civil Police as well as Intelligence Branch. The next promotional post available to Constables is that of Head Constable. Head Constables can be promoted as SubInspectors. Service Rules for Constables, Head Constables and Sub-Inspectors of Police were framed in the year 2018 and earlier appointments were made to these posts as per Executive Instructions issued from time to time.

3. According to petitioners, their chance of promotion have been reduced after enforcement of Service Rules, therefore, they have prayed that relevant provisions of Service Rules be declared ultra vires to the Constitution. One of their grievance is that under the Rules, Constables serving in Civil Police and Intelligence Branch, are not treated as eligible for promotion against the post of Head Constable/Sub-Inspector in Armed Police. They have also questioned the parameters for physical efficiency test laid down for promotion to the post of Head Constable in Armed Police. According to them, Constables serving in Armed Police have more chance of promotion compared to Constables serving in Civil Police and Intelligence Branch.

4. In the counter affidavit filed on behalf of respondent nos. 2 & 3, it is stated that before enforcement of 2018 Service Rules also, the post of Head Constable and Sub-Inspector in Armed Police were available for promotion only to personnel serving in Armed Police; members of Civil Police and Intelligence Branch were not eligible for promotion in Armed Police. It is further stated that chance of promotion is not an incidence of service and a Government servant has a right to be considered for promotion only which has not been denied to the petitioners. It is further stated that for promotion to the post of Head Constable in Armed Police, a Constable must have Standard Level Training of Drill Musketry, which is possessed by Constable in Armed Police only, as they participate in Drill Musketry in routine manner. Para 16 to 21 of the counter affidavit are reproduced below for ready reference:-

“16. That by way of the present writ petition, the petitioner is seeking quashing of the certain provisions of Rules of 2018 for the reason that instead of quota provided for Limited Department Examination for recruitment on the post of Head Constable and Sub Inspector, the recruitment should be made on the basis of seniority only on the ground that the same reduces the chances of promotion. In this regard it is submitted that in any Disciplinary Force, the criteria of promotion is not only based on seniority but on other factors considering the recruitment of Force such as merit, m