GUNANIDHI MARTHA AND ORS. versus GOVT. OF ORISSA AND ORS.

Citation: [2003] 3 S.C.R. 60 · Decided: 27-03-2003 · Supreme Court of India · Bench: SHIVARAJ V. PATIL, ARIJIT PASAYAT · Disposal: Disposed off
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Judgment (excerpt)

A 
GUNANIDHI MARTHA AND ORS. 
v. 
GOVT. OF OR!SSA AND ORS. 
MARCH 27, 2003 
B 
[SHIVARAJ V. PATIL AND ARIJIT PASAYAT, JJ.] 
Service law: 
C 
(Andhra Pradesh) Police Order No.266 of 1981: 
Promotion-Police Constable--Promotion to Lance Naik-Criteria-
Passing of test and andseniority-Held, a list is to be prepared of selected 
candidates who have secured minimum pass marks in each individual subject 
in outdoor and indoor tests as indicated in the Police Order subject to 
D sati.ifaction of all other requirements including marks obtained in the 
miscellaneous tests; and out of that list candidates are to be sent for training 
on the basis of their original seniorlly irrespective of the total marks secured 
by the candidates for the purpose of promotion to the rank of Lance Naik-
Respondents to draw a list accordingly and proceed further in accordance 
E with law. 
F 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 860of1998. 
From the Judgment and Order dated I 8.1.96 of the Orissa Administrative 
Tribunal at Bhubaneswar in O.A. No. 2900 of I 994. 
WITH 
C.A. No. 861 of 1998. 
P.H. Parekh, Samer Parekh, D.P. Mohanty, Ms. Jina Maullick, Rajiv 
Mishra for the Appellants. 
G 
Janaranjan Das, Swetaketu Mishra and Radha Shyam Jena for the 
Respondents. 
The following Order of the Court was delivered: 
The order dated 18th January, 1996 passed by the Orissa Administrative 
H Tribunal is under challenge in these appeals. The controversy relates to 
60 
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GUNANIDHI MARTHA v. GOVT. OF ORI SSA 
61 
selection of Police Constables for training for further promotion to the rank A 
of Lance Naik. Admittedly in the Police Manual, tlwre is no provision for 
regulating the selection of Police Constables for training for promotion to the 
rank of Lance Naik; however; the same is regulate<:! l;>y \he Police Order No. 
266 of 1981 in which criteria for selection gf ~aodidates and procedure have 
been prescirbed. According to the Police Order, a Constable can be promoted B 
to the rank of Lance Naik provided (I) hll has put in three years' service after 
recruits training; (ii) is below 35 Ye&rn Qf &ge; (Iii) has passed the district drill 
test; and 
(iv) has a good record of serviQti, The Selection Board constituted as 
per the aforesaid Police Order would conduct the test. The subject on which C 
the test is to be conducted as specified in the said Order are as stated below:-
• 'Q.ut·Door" 
Full Mark 
I. 
Squad Drill 
20 
2. 
Arms Drill 
20 
3. 
Weapon training 
30 
4. 
Field Craft 
20 
5. 
P.T, 
20 
6. 
Tum out 
10 
A Simple Essay or a report 
or a letter to be written in Oriya 
40 
I. 
MISCELLANEOUS 
Service records (the overall 
record should be examined and 
rewards and punishments) 
40 
2. 
Sports and other extra curricular 
activities (give reasons) 
20 
Pass Mark 
10 
D 
10 
15 
10 
E 
10 
5 
F 
20 
G 
62 
A 
SUPREME COURT REPORTS 
[2003] 3 S.C.R. 
3. 
Courses passed (i.e. P.T. Course, W.T. Course, 
VAC Course) 
Grand Total 
20 
240 marks 
B 
The pass marks on out-door and 
indoor subjects would be 50% i.e. 80 marks." 
The said order spells out that the size of the Select List should be one 
and half times the number of anticipated vacancies. Since the number of 
expected vacancies in the post of Lance Naik was 24, a Select List of 36 
C candidates was to be prepared. I 00 eligible Constables were called for 
promotional test. in the test, 57 candidates were selected for promotional post 
on the basis of the 50% aggregate marks secured by them irrespective of the 
marks secured in the individual items of both out-door and indoor tests and 
marks awarded in the miscellaneous t1~st. A list of 36 candidates was prepared 
D for training to the promotional post on the basis of the highest aggregate 
marks secured by them. The validity of the Select List of 36 candidates 
prepared for the training for further promotion to the post of Lance Naik was 
questioned before the Tribunal on the ground that the select List should have 
been prepared on the basis of the length of seniority in the rank of Constable. 
An application was filed before tbe Tribunal for intervention which was 
E allowed and the intervenors were aiTayed as respondents 4 to 13 before the 
Tribunal. The Tribunal, after considering rival contentions and respective 
submissions passed the order directing as under:-
"Hence without quashing the entire selection, we would direct that 
first a list of candidates \\ho had secured the minimum of 50% in 
F 
each of the indoor and o
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