The applicant has filed this OA seeking the following

main reliefs :-

“(i) To direct the respondents to issue Admit Card to

the applicant for the Written Test/ Examination

scheduled for 26.08.2018 for the post of Head

Constables in Delhi Police ;

(ii) To direct the respondents to include the name of

the applicant in the Short Listed Candidates for the

Written Test/ Examination scheduled for 26.08.2015

for the post of Head Constables in Delhi Police ;

(iii) To allow present application with cost

(iv) Any other relief which the Hon'ble Tribunal deem

fit and proper may also be granted to the applicant

along with cost of litigation, in the interest of justice.”

2.

The brief facts of the case are that the applicant is

seeking promotion for appearing in ‘A’ list examination on

30.04.2018 for promotion to the post of Head Constable.

The respondents have circulated the amendment of

Standing Order 91/2016 regarding promotion from the post

of Constable to the post of Head Constable. However, the

applicant went on leave on 02.06.2018. As per the circular

the respondents have mentioned that all eligible Constable

(Exe.) (Male) who wish to appear in the exam can obtain

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copy of application from INTRA-DP and their applications

should reach office by 3^rd June, 2018. The applicant

returned only on 06.06.2018. Thereafter he sent an e-mail

on 08.06.2018 for appearing in the exam scheduled for

26.08.2018. Feeling aggrieved, he has approached this

Tribunal for not allowing him to appear in the said

examination.

Notices were issued to the respondents who put

appearance through Mr. Amit Yadav, learned counsel for the

respondents. He filed a detailed reply wherein he pressed

paras 2 and 3. The same are reproduced below :-

“(2) A Constable upto 35 years of age shall eligible to

appear in tests. The names of selected Constables

shall be brought on Promotion List in order of their

seniority keeping in view the numbers of vacancies in

the rank of Head Constables likely to be available in

the following one year. The selected Constables will

be sent for Lower School Course subject to their

medical fitness. Only three chances to complete the

promotional training will be given to a candidate,

failing which, his promotional claim will be cancelled.

Those who successfullyqualify the Lower School

Course shall be promoted on regular basis, from the

date of Departmental Promotion Committee held for

the candidates against the existing vacancies at the

time of Departmental Promotion Committee held for

the candidates against the existing vacancies at the

time of Departmental Promotion Committee and for

the remaining candidates on the panel, from the date

of vacancy as and when such vacancies arise, in order

of their respective seniority.

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In exercise of power vested by Rule 21 of Delhi Police

(Promotion

&

Confirmation)

Rules-1980,

the

Commissioner of Police, Delhi had issued Standing

Order No. 91, to prescribe the criteria, standard and

guidelines for regulating the promotion in the light of

existing instructions before conducting promotion list

for the post of Head Constable (executive) through

examination.

Constable (Exe.) Jaipal Singh, 977/SW (PIS No.

28071442) (here-in-after called the applicant) was

enclosed as Constable (Exe.) in Delhi Police on

01.08.2007 (A.N.) and confirmed in the rank of

Constable on 02.08.2009. The cutoff date was fixed

as 31.03.2017 for count for each and every good &

bad entries including age, service etc. As per his

Hdqrs. Circular No. 24017-25016/P. Br. (A. Cell) PHQ

dated 30.1.2017, all eligible confirmed Constable

(Exe.) nor more than 30 years as on 31.03.2017 can

obtain their application form from the Intra DP

System and submit their requests to concerned DCsP.

The applicant has crossed the age limit on 31.03.2017

resulting which he was not entitled to appear in the

said promotion list. However, many representations

have been received from the Constables to enhance

the age limit in the promotion L