IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 3702 of 2008. Decided on: October 22, 2010. Bham Dev …..Petitioner. Versus State of H.P.& Ors. ….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Sharma, Judge. For the petitioner: Mr. Ranjan Sharma, Advocate. For the Respondents: Mr. Ankush Dass Sood, Addl. A.G. for respondents No. 1 to 4. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers:- “i) That the words “Exceptional merit:, occurring in Rule 13.10(1) of the Punjab Police Rules, Confirming un-limited, un-restricted and un-briddled powers on the respondents to assess the merit without prescribing any fixed and definite guidelines for the same may be declared ultra-vires of the Constitutional of India. ii) That the respondents may be directed to amend the Rule 13.10 (1 and 2), in order to ensure fair and just assessment of cases of all the eligible officers, under this Rule.” 2. In view of the reply, the petitioner prays for an opportunity to file representation before the Government in the light also of the judgment of Supreme Court in AIR 1996 SC 352, Dr. Krushna Chandra Sahu & ors. Versus State of Orissa and Ors.. Though, the petitioner has already made a representation as Annexure A-11, it will be open to the petitioner 2 to file a supplementary representation also within a period of six weeks from today. In the event of the petitioner filing such a representation, as above, the matter will be duly considered by the first respondent, with notice to the petitioner and appropriate orders in accordance with law and justice shall be passed thereon within another four months. 2. The writ petition is disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. October 22, 2010. ( Justice V.K. Sharma ), (karan/vs) Judge.