Case: SUBODH KUMAR &amp; ORS Vs. COMMISSIONER OF POLICE &amp; ORS

16 of the Constitution and deserves to be interfered with by this Court. 12. Learned counsel further submits that an apparent error has been committed by the High Court in holding that the amended rules give equal opportunity to in-service candidates to compete with open market candidates against 50% of direct recruitment quota. According to the learned counsel, the High Court has completely misdirected both in facts and law. In-service candidates cannot compete with open market candidates for the reason that the upper age for open market direct recruits is 25 years whereas for in-service candidates, it is 30 years. It is not possible for serving Constables, Head Constables or ASI to compete for the direct recruitment quota before the age of 25 years. Both the categories are distinct and different. The amendment which has been made in the upper age limit for the candidates to participate for the post of Sub-Inspector (Exe.) Male under notification dated 13 th March, 2013 is indirect way of elimination of the serving candidates in the process of selection. Such an amendment being irrational and has no nexus with the object to the achieved. The very purpose as projected attract meritorious persons in the rank of Constable, Head Constable and ASIs to shoulder higher responsibilities is not going to be achieved under the impugned amendment notification dated 13 th March, 2013. 13. Ms. Madhavi Divan, learned ASG, appearing for the respondents, on the other hand, while supporting the judgment of the Tribunal confirmed by the High Court submits that it is a not a fast track promotion of the serving personnel to the post of Sub- Inspector(Executive). For serving personnel, 50% quota is reserved for promotion in their respective channel and after qualifying the minimum service as Assistant Sub-Inspector, one could be considered for promotion against 50% of promotion quota but so far as 50% quota reserved by direct recruitment is concerned, it is an open selection and 10% out of 50% quota of direct recruitment is carved out for the serving personnel whose suitability has to be adjudged on the same standards and yardsticks prevalent for open selection under the scheme of Rules, 1980 and that is the reason for which an amendment has been made under notification dated 13 th March, 2013. The upper age limit which has been modified relating to the departmental candidates has a reasonable nexus and pre-existing upper age limit would lead to shortage of young officers at the level of Sub- Inspectors which is dire need of the day where police duties have become highly arduous and also for the reason the departmental candidates are awaiting their opportunity in promotion quota and were desirous that selection under direct recruitment quota be brought not only in alignment with CAPF but the object was to have young officers at middle level of the force and also to have pan India representation in Delhi Police through SSC recruitment. 14. Learned counsel further submits that eligibility qualifications for recruitment or promotion in service are ordinarily the matters to be considered by the appropriate authority and not by the Courts. It is the employer who is best suited to decide the requirements a candidate must possess according to the needs of the employer and the nature of work. Prescribing of any age limit for a given post, as also deciding the extent to which any relaxation given if an age limit is prescribed, are essentially matters of policy and as long as its competence in making such amendments would serve a public purpose, it is not open to be interfered with by this Court under limited scope of judicial review after it has been examined by the Tribunal and confirmed by the High Court. 15. It is a settled law that prescribing of any age limit for a given post, as also deciding the extent to which any relaxation can be given if an age limit is prescribed, are essentially the matters of policy. It is always open for the Government or the appointing authority while framing rules, to prescribe such age limits or to prescribe the extent to which any relaxation can be given. Prescription of such limit or the extent of relaxation to be given, cannot ordinarily be termed as arbitrary or unreasonable. Just because the amendment under notification dated 13 th March, 2013 has curtailed the chances of the appellants to take part in the selection process, it cannot lead to an inference that the rule is arbitrary or unreasonable as prayed for. 16. It is equally a settled proposition of law that a candidate has a right to be considered under the existing rules, which implies the rule in force on the date the consideration took place. There is no rule of universal or absolute application that vacancies are to be filled invariably by the law existing on the date when the vacancy arises. The requirement of filling up earlier year vacancies under the old rules is interlinked with the candidate having acquired a right to be considered for promotion. 17. The four significant changes which have been made under the amendment notification dated 13 th March, 2013 envisage that while giving due opportunity to the in-service candidates for participating against 10% out of the 50% quota reserved for direct recruitment to compete in the self-same selection process on the same standards and yardsticks except giving some advantage in relaxation of upper age limit for a fair consideration in the process of selection and scaling the upper age limit indeed may reduce the number of serving personnel holding the post of Constable/Head Constable/ASI in competing with the candidates in the open selection but that in itself cannot be regarded as unconstitutional or arbitrary as prayed for by the appellants and at the same time, it may not be construed to be a fast track promotion to the serving personnel reserving right of in-service personnel for their promotion against 50% quota separately reserved under the scheme of Rules, 1980.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]15. It is a settled law that prescribing of any age limit for a given post, as also deciding the extent to which any relaxation can be given if an age limit is prescribed, are essentially the matters of policy. It is always open for the Government or the appointing authority while framing rules, to prescribe such age limits or to prescribe the extent to which any relaxation can be given. Prescription of such limit or the extent of relaxation to be given, cannot ordinarily be termed as arbitrary or unreasonable. Just because the amendment under notification dated 13 th March, 2013 has curtailed the chances of the appellants to take part in the selection process, it cannot lead to an inference that the rule is arbitrary or unreasonable as prayed for16. It is equally a settled proposition of law that a candidate has a right to be considered under the existing rules, which implies the rule in force on the date the consideration took place. There is no rule of universal or absolute application that vacancies are to be filled invariably by the law existing on the date when the vacancy arises. The requirement of filling up earlier year vacancies under the old rules is interlinked with the candidate having acquired a right to be considered for promotion17. The four significant changes which have been made under the amendment notification dated 13 th March, 2013 envisage that while giving due opportunity to the in-service candidates for participating against 10% out of the 50% quota reserved for direct recruitment to compete in the self-same selection process on the same standards and yardsticks except giving some advantage in relaxation of upper age limit for a fair consideration in the process of selection and scaling the upper age limit indeed may reduce the number of serving personnel holding the post of Constable/Head Constable/ASI in competing with the candidates in the open selection but that in itself cannot be regarded as unconstitutional or arbitrary as prayed for by the appellants and at the same time, it may not be construed to be a fast track promotion to the serving personnel reserving right of in-service personnel for their promotion against 50% quota separately reserved under the scheme of Rules, 1980.