1. This petition has been preferred under Article 226 of the Constitution of India by the petitioners numbering 17 for a direction of their promotion in BSF on the post of Head Constables or for an alternative direction that they be treated by respondents as Naiks from the date of their appointment as such, and accordingly they be given the seniority.

2. The petitioners were appointed on different dates as Constables in different battalions and units of Border Security Force (for short BSF or the Force). As the BSF, Tekanpur was establishing a Tear-Smoke Unit, the petitioners were later on allowed to join the Unit as Constables and were given the rank of ad hoc Naiks (Technical) and they continued to work in such capacity in the Unit. Out of them when about 10 petitioners were sought to be posted out, a petition was preferred by them. This Court in Rajendra Singh v. Union of India and others (1986 JLJ 202) held that the respondents shall not give effect to the condition of posting out in the promotion orders made in the case of each petitioner by forfeiting their right to be considered for regular promotion as contemplated under the Rules.

3. The Rules empower the competent authority for the assessment and promotion and also give out the cadre. Under Rule 5, the promotion of Constable to Lance Naik, from Lance Naik to Naik and from Naik to Head Constable has been provided. The authority is conferred on the Commandant. The promotions are required to be based on merits and suitability with due regard to the seniority as well. Rule 5 further provides that before any promotion, a member of the force is required to pass a pre-promotion course referred to in the sub-rule (3) of Rule 21, qualifying on any such other examinations as may be specified by the Director General of the Force from time to time.

4. The Rules has a proviso. The cases where the competent authority in the exigencies of service or for other reason, on the satisfaction that any such member who has not been able to pass the Pre-promotion Course deserves to be promoted. He may promote him subject to the prior approval of the next superior authority but still the member, under the Rules, is required to pass the next available pre-promotion Course. A member may be reverted back if he fails in passing the Pre-promotion Course.

5. Admittedly, the petitioners are governed by these Rules. Under Rule 12, a list is required to be maintained of the persons who are approved for promotion in different ranks: List 'A' is required to consist the names of the Constables found fit for promotion to Lance Naiks. The cadre for promotion from Lance Naik is to Naik, which is to be maintained under List 'B' and list 'C' is required to consist the names of Naiks, fit for promotion to Head Constables.

6. Looking at the provided cadre, the promotion of a Constable is required to be made to the Post of Lance Naik and a Lance Naik found fit has to be promoted as Naik. The promotion to Head Constable is from Naik. The next cadre provided for promotion of a Head Constable is to the post of Sub-Inspector, i.e. Platoon Commander. In this context, it would be useful to refer to Rule 14 which prescribes the procedure of selecting Constables for promotion:

"Rule 14. Procedure of Selecting Constables for List 'A' and promotion from Constable for Lance Naik (1) Once in every year, the Commandant shall obtain nominations from the Company Commanders and other Sub-Unit Commanders of Constables as are qualified for promotion to the ranks of L/Naik and are considered suitable for being brought on List 'A'.

(2) All such nominees shall have –

(i) Completed not less than two years as Constables.

(ii) attained such educational standards as my be specified by the Director General.

(3) The Commandant shall constitute a Board consisting of himself or his Second-in-Command, a Deputy Commandant or an Astt. Commandant and a Company Commander, in rotation who shall assess the nominees in such manner as may be