Court directs committee to review constable-to-head constable promotions flawed by high merit-test quota, irregularity, stagnation, and sub-cadre discrimination, ensuring fair avenues despite state policy discretion.

JUDGMENT :

Jyotsna Rewal Dua, J.

Background
Himachal Pradesh Police Department had been following the Punjab Police Act, 1861 and PUNJAB POLICE RULES , 1934. The Punjab Police Act was eventually replaced by the Himachal Pradesh Police Act, 2007. However, archaic PUNJAB POLICE RULES , 1934 are still being followed for want of framing of Rules by the State of Himachal Pradesh though some amendments to the Rules have been made by the respondents-State.
1(i) Section 3(1) of the H.P. Police Act, 2007 (in short ‘H.P. Police Act’) provides ‘there shall be one Police Service for the State, called the “Himachal Pradesh Police Service” and members of such Service shall be liable for posting to any branch of the Service including the Armed Police or any of the specialized wings’.
As per Section 4(1)(i) of the H.P. Police Act ‘subject to the provisions of this Act, the Police Service of the State shall be categorized as the Civil Police and the Armed Police, each consisting of appropriate numbers of Non-Gazetted Police Officers Grade-II, comprising of Constables and Head Constables’.
Entry level induction at lowest rung of ladder in State Police is to the post of Constable. This post is filled up 100% by direct recruitment. During hearing it was given to understand by learned Counsel for the parties that after induction of an incumbent as Constable, besides General Duty, he can join different branches/ sub-cadre of State Police constabulary i.e. :- Executive Cadre, Crime Record Bureau, Finger Print (CID), Dog Squad (CID), Mountain Police, Communication & Technical Services, Armed Police, Traffic Tourist & Railway etc. subject to clearance of separate tests, though the incumbent remains a Constable in the other branches as well. Constables in some specific sub-cadres viz. Band Staff branch and Constables – Drivers etc. are recruited separately. 1(ii) Promotion of Constable is to the post of Head Constable. As per the H.P. Police Act, 2007, Section 144(4) ‘The PUNJAB POLICE RULES , 1934 as applicable to the State of Himachal Pradesh shall, except to the extent that a provision may be inconsistent with the provisions of this Act, continue to be in force and shall have effect as if made under the corresponding provisions of this Act’. Rule 13(8) of the PUNJAB POLICE RULES , 1934 (in short the ‘ PUNJAB POLICE RULES ’) governs promotion of Constable to that of Head Constable as under:-

“Rule 13.8 for Punjab
13.8 List C. Promotion to Head Constables. – (1) In each district a list shall be maintained in card index from (form 13.8(1) of all constable who have passed the Lower School Course at Phillaur and are considered eligible for promotion to Head Constable. A Card shall be prepared for each constable admitted to the list and shall contain his marking under sub-rule 13.5(2) and notes by the Superintendent himself, or furnished by Gazetted Officers under whom the constable has worked, on his qualifications and character. The list shall be kept confidentially by the Superintendent and shall be scrutinized and approved by the Deputy Inspector-General of Police at his annual inspection.
(2) Promotions to Head Constables shall be made in accordance with the principle described in sub-rules 13.1(1) and (2). The date of admission of List C shall not be material, but the order of merit in which examinations have been passed shall be taken into consideration in comparing qualifications. In cases where other qualifications are equal, seniority in the police force shall be the deciding factor. Selection grade constables who have not passed the Lower School Course at the Police training School but are otherwise considered suitable may, with the approval of the Deputy Inspector-General, be promoted to Head Constable up to a maximum of ten per cent of vacancies.”

State of Himachal Pradesh carried out its own amendment to sub-rule 2 of Rule 13(8) of the PUNJAB POL