IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 129 OF 2017 DILAVARSINH PRAVINSINH SOLANKI & ORS. APPELLANTS VERSUS PUNJABHAI MERKHIBHAI BHARAI & ORS. RESPONDENTS WITH CIVIL APPEAL No. 130 OF 2017 STATE OF GUJARAT AND ANR. APPELLANTS VERSUS PUNJABHAI MERKHIBHAI BHARAI & ORS. RESPONDENTS

O R D E R

1. On 27^th August, 2008, the Government of Gujarat enacted the Police Sub-

Inspector (Unarmed), Class III Recruitment Rules, 2008¹ for regulating recruitment to the post of Police Sub Inspector (Unarmed), Class-III in the Gujarat State Police Service.

2. Rule 2 specified that appointments to the posts could be made in three ways. First, a person may be promoted based on proven merit and efficiency. Second, promotion may be granted to a person according to the merit rank obtained in a Special Competitive Examination. Third, appointments may also be made through direct recruitment.

3. Rule 2 (2)(a) is reproduced below:

Signature Not Verified Digitally signed by JATINDER KAUR2. Manner of Appointment - Appointment to the post of Police Sub-Inspector Date: 2025.11.13

18:00:01 IST Reason: (Unarmed) Class lll, in the Gujarat State Police Service shall be made either -

(1) …………..

(2) by promotion of a person on the basis of merit rank obtained in the Special

2008 Rules

Competitive Examination conducted in accordance with the rules prescribed by

Government in that behalf and who-

(a) have worked for not less than three years either in the cadre of Assistant Sub-Inspector (Unarmed), Class lll or Head Constable (Unarmed), Class lll, in the Gujarat State Police Service;

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4. Rule 2(2)(a) required that to be eligible for promotion to the post of Police Sub-Inspector, a candidate must have at least three years of experience in the cadre of Assistant Sub-Inspector (Unarmed), Class III, or Head Constable (Unarmed), Class III, within the Gujarat State Police Service.

5. Vide notification dated 08.05.2009, a total of 544 vacancies for the post of Police Sub-Inspector were announced, to be filled through a Special Competitive Examination.

6. In 2009, several Constables of the Gujarat State Police Service filed writ petitions² before the High Court challenging the validity of Rule 2 of the 2008 Rules. They argued that the rule violated Articles 14 and 16 of the Constitution of India because it allowed only Head Constables and Assistant Sub-Inspectors with at least three years of service to be eligible for promotion to the post of Police Sub-Inspector through the Special Competitive Examination, while excluding Constables who had served for more than 12 years. Those writ petitioners contended that this eligibility criterion was arbitrary, as in the Gujarat Police, a Constable is generally promoted as Head Constable only after 20–22 years of service. Since recruitment as a Constable begins at a minimum age of 18, such personnel would typically reach the Head Constable rank only around the age of 40– 42, making it impossible for them to become eligible for promotion to Police Sub-Inspector before the age of 45. They argued that this system unfairly

Special Civil Application No. 5208 of 2009 and allied matters

deprived them of the opportunity for timely promotion and created disparity in the procedures for appointment and promotion to the posts of Police Sub-

Inspector and Head Constable.

7. Vide order dated 28^th August 2009, the Single Judge of the High Court dismissed the writ petitions. The writ petitioners then preferred Letters Patent Appeals³ before the Division Bench of the High Court. On their applications, the Division Bench, by an interim order allowed them to appear in the examination, subject to the outcome of the Letters Patent Appeals (LPAs). It was also directed that the result of such examinations qua them would be kept in sealed cover and would be only declared in case the LPAs were allowed. Subsequently, the private respondents (except one) also preferred LPAs⁴. However, their applications for interim relief were not listed