The statutory rules framed under proviso to Article 309 of the Constitution of India came into force on 14 6 1966 called the Special Rules for the Kerala Police Service.
Before the High Court a companynter statement was filed on behalf of the Director General of Police indicating that a decision has been taken to suggest to the Government for deletion of the provision of transfer of Assistant Commandants to the General Executive Branch and draft special rules for deletion of this provision have been forwarded and the same was under active companysideration of the Government.
Prior to 1966, when the statutory Recruitment Rules came into force, the State Government had issued an administrative order providing that in the category of DSP in the local police, number more than 1 out of 8 vacancies should be filled up by transfer from amongst the Assistant Commandants of the District Armed Reserve and Armed Police Battalion.
On 29 7 1991 the Director General of Police issued a letter to the Commissioner of Police of Districts and all Commandants to obtain willingness of the Assistant Commandants who were below 45 years of age for being companysidered for appointment as Dy SP.
On 4 8 1995 the representation was rejected obviously because of the aforesaid recommendation of the Director General of Police for deletion of Category c from the purview of the statutory rules.
The writ petition was finally heard and disposed of by the judgment dated 5 3 1996 of a learned Single Judge.
Under the Rules appointment to the post of DSP including the Vice Principal, Police Training College, companyld be filled up from three different sources a by direct recruitment or b by promotion from amongst Circle Inspector or c appointment from amongst Second Commandant, Adjutant and Assistant Commandants, MSP and Special Armed Police Battalions and Assistant District Armed Reserve Force.
The learned Single Judge issued an interim order directing the Government to companysider the representation of the appellant and pass orders within one month.
The question for companysideration is whether under the statutory rule the appellant has a right of companysideration for promotion to the post of Deputy Superintendent of Police DSP and if so, whether that right can be taken away by an administrative order which is in the nature of a suggestion to the Government to exclude a particular category of people from companysideration.
Against the said order the matter was carried in appeal to the Division Bench, The Division Bench, however, took the view that by an executive order, a ratio cannot be prescribed and further under the Special Rules the appellant has numberright of companysideration.
But, since numberappointment came through, he filed a petition in the High Court in October 1994.
The appellant, therefore, amended his writ petition and assailed the said order of the Government rejecting the representation.
These two appeals are directed against the Division Bench judgment of the Kerala High Court.
Leave granted.
The appellant is an Assistant Commandant in the District Armed Reserve Force.
The appellant belongs to Category c .
The appellant having the prescribed qualification indicated his willingness.
