IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5820 of 2009 Ram Niranjan Roy, son of Shri Rameshwar Roy, resident of Village-Rasulpur, P.S.-Hayaghat, District-Darbhanga, presently Deputy Superintendent of Police, Criminal Investigation Department, Bihar, Patna and President, Bihar Police Seva Sangh, N6, Officers’ Flat, New Punaichak, Patna-23. ………………………. Petitioner Versus 1. The State of Bihar. 2. Secretary-cum-Commissioner, Home (Police) Department, Govt. of Bihar, Patna. 3. Joint Secretary, Home(Police) Department, Govt. of Bihar, Patna. 4. Director General cum Inspector General of Police, Bihar Patna. ………………………. Respondents ----------- 2 11/5/2009 Heard Mr. R.C.Sinha, learned counsel for the petitioner and counsel for the State. The prayer of the petitioner in this writ application reads as follows : - “That this is an application for issuance of a writ of Mandamus by directing the Respondents to promote the petitioner, who is an officer of Bihar Police Service in the rank of Deputy Superintendent of Police, to the rank of Superintendent of Police disposing his representation, letter no. 105 dated 20.06.1995, to Secretary-cum-Commissioner, Home (Police) Department, Bihar, Patna, respondent no. 2 as the officers of his batch have been promoted to the rank of superintendent of police by Notification Nos. 1/P1-10- 13/2007 Home Police-399 to 401, issued by Joint Secretary, Home (Police) Department, Bihar, Patna by which the petitioner has also been superceded malafidely, illegally and arbitrarily.” Counsel for the petitioner with reference to the aforementioned relief would submit that the petitioner in course of training for the post of Dy.S.P. had failed in Horse riding and drill test but then he could have been declared to have cleared training examination had the Respondents been grace marks as provided in the police order. The counsel submits that his representation for this purpose has remained pending since 7.6.1993 followed by 2 reminder dated 20.6.1995 and 4.6.2004 and as such it was wholly unjustified for respondents to keep them pending and at the same time issue order of promotion in respect of his juniors on 3.2.2009. In the opinion of this court, this writ application is wholly belated as the cause of action, if any, of the year 1993 cannot be pressed after 16 years. That apart it is the provision in the Bihar Police Manual and the relevant service rules which would entitle a police officer to be considered for promotion. In the present writ application the petitioner working on the post of Dy. Superintendent of Police has sought a direction for his confirmation and promotion in the rank of Superintendent of Police and for this purpose all that he wants is that his representation filed on 20.6.1995 seeking award of grace marks should be directed to be disposed of. Relevance of the representation dated 20.6.1995 assumes further significance in this case because the petitioner had appeared in the examination of drill test and other physical fitness examinations held in the year 1993 and had failed in those examinations. The petitioner now in the year 2009 wants that 1993 result should be remodeled so that he may be given benefit of grace marks for his being declared successful. Grant of grace marks as per provision in the police order no. 238/93 relied by the petitioner, being part of Annexure-2, reads as follows:- ^^7- d`ikad d-orZeku ih- Vh- lh- fu;ekoyh esa d`ikad ds lEcU/k esa dksbZ izko/kku ugha gS A fdUrq iqfyl gLrd 3 fu;e 682 lh esa egkfuns”d ,oa vkj{kh egkfujh{kd] fcgkj dks ;g ”fDr iznRr gS fd os voj fujh{kd vkSh led{k iafdr ds izf”{k.kkFkhZ dks l=kUr ijh{kk esa mRrh.kZ gksus dh vfuok;Zrk dks ekftZr dj ldrs gSa A bl izko/kku dk foLrkjiwoZd vFkZ yxkrs gq, ijh{kk esa d`ikad iznku djus ds fy, iz;ksx fd;k tk ldrk gS A [k-vf/kdre 10 izfr”r d`ikad 2 fo"k;ksa esa ,d buMksj fo"k; rFkk nwljs vkmV Mksj fo"k; esa vyx vyx fd;k tk ldrk gS A d`ikad nsus dh ”fDr egkfuns”d@vij egkfuns”d izf”{k.k@ egkfujh{kd] izf”{k.k esa fufgr gksxh A ;g izko/kku lHkh rjg ds ijh{kk dsl ij ykxq gksxk A bl lEcU/k esa iwoZ esa fuxZr iqfyl vkns” 224@91 fujLr fd;k tkrk gS A** “ ““ This police order of 1993 laying down maximum permissible limit for grant of grace marks ipsofacto cannot be made applicable to each and every candidate, inasmuch as, such decision is to be taken as per the discretion of the Director General/Inspector General and/or the authorities named thereunder. Thus merely because there is some provision for relaxation and/or award of grace marks, that by itself will not make the petitioner entitled for grant of the same for his being considered to get promoted to the post of Superintendent of Police. The police department has to maintain its own standard of norms laid therein and the same cannot be watered down at least by this Court by directing the respondents to either scale down the requirement or use its discretionary power in the case of petitioner. This Court, therefore, would hardly find any merit in this application which only seeks a direction to the respondents to exercise to their discretionary power to declare the petitioner to 4 have passed the training examination by awarding grace marks. There being no vested right in the petitioner for exercise of this discretionary power, no writ of mandamus can be issued for this purpose. While this part of order has been dictated counsel for the petitioner would submit that as two representations of the petitioner dated 20.6.1995 and 4.6.2004 have remained pending and therefore this Court should atleast direct for their disposal by the State Government. As held above, this Court has not found any right of the petitioner for being awarded grace marks and therefore this Court is not in a position to issue such a direction to the respondents, but in the event the petitioner would like to pursue his internal remedy, he may continue to do so as he has been doing in the last 16 years. With the aforesaid observations this writ application is dismissed. Abhay Kumar (Mihir Kumar Jha, J.)