Rahul Kumar vs State of Bihar And Others

K. Vinod Chandran, CJ

The appellant is concerned with the out of turn promotion, as has been delineated in Annexure-3, which the appellant contends is a policy document of the State Government, which inures to the benefit of the appellant. The appellant’s claim is based on the gold medal obtained by him in the 62nd All Indian Police Duty Meet, 2018.

The learned Counsel for the appellant also referred to the Circular issued on 06.05.2019 wherein the 62nd All Indian Police Duty Meet, 2018 was organized by Uttar Pradesh Police at Lucknow.

Annexure-3 specifically provides by Clause 2(छ) :-

“National Games” means all national level sports competitions approved by the Indian Olympic Committee (IOA).”

Hence, only the competitions which are organized at a national level which also has the approval of the Indian Olympic Association can be considered for such out of turn promotion.

There is nothing produced to indicate that the All India Police Duty Meet organized by the All Indian Police Sports Control Board is a competition/event approved by the Indian Olympic Association.

The appellant also relies on Annexure-10, which is translated as below :-

“As directed, with reference to the aforesaid subject, it is to be said that in the light of the provisions of "Clause-13. Interpretation" of the Bihar Police Sports Policy, considering the sports categories of the Police Duty Meet also as the sports categories recognized by the  All India Police Sports Control Board, the Honorable Chief Minister has approved the proposal for giving out- of-turn promotions to their medal winners also under clause-12 of the Bihar Police Sports Policy and it has been directed that the Director General of Police should submit a proposal for amendment to the Home Department to make a clear provision in the rule itself for giving out-of- turn promotions to the gold medal winners in the competitions of Bihar  Police  Duty  Meet,  so  that  there  is  no difficulty in such cases in future again. Therefore,  you  are  requested  to  take further action in the light of the aforesaid.”

This only speaks of a proposal for amendment which has not fructified.

It is also submitted by the learned Additional Advocate General-3 that the appellant himself admits by Annexure-12 that the Talent Search Committee has considered the case of the appellant and rejected it. The Committee by Annexure-12 considered the claim for out-of-turn promotion as raised by the appellant, in the following manner; as translated from the document in hindi.

“In the meeting, the matter for granting out-of-turn promotion under sports quota to Shri Rahul Kumar, Constable/113 Criminal Investigation Department, Bihar, Patna on the basis of winning gold medal in Computer Awareness Competition in 62nd All India Police Duty Meet 2018 was considered vide G.S.P.No.-47/X.P.. dated-21.05.2020 of the Inspector General of Police (Headquarter), Bihar, Patna'. The status is as follows-

One of the following criteria is necessary as per clause 12 of Bihar Police Sports Policy-2013 for out-of-turn promotion-

(i) Has won a gold/silver or bronze medal in a national competition recognised by the Indian Olympic Association after being selected as a member of the Bihar State (Open State) team for an individual event or a team event;

(ii) Has won a Gold/Silver or Bronze medal in All India Police Sports Competitions recognized by the Police Sports Control Board after being selected as a member of Bihar Police team for individual event or team event;

(iii) Has won a gold/silver or bronze medal in national competitions recognised by the Indian Olympic Association after being selected as a member of the Indian Police team for individual event or team event;

(iv) Has participated in any international competitions approved by the International Olympic Association as a member of a team representing the country;

(v) Has won 02 gold and 01 silver medal in All India Police Sports Competitions recognized by the Police Sports Control Board as a member of Bihar Police team,;

(vi) Has won 02 Gold and 01 Silver medal in National Police Sports Competitions recognized by the Indian Olympic Association

It is clear from the above that the All India Police Duty Meet Competition has not been recognised in the Sports Policy-2013 and providing promotion on the basis of winning medal in the said competition (All India Police Duty Meet) is not in accordance with the rules”

We find absolutely no reason to interfere with the decision taken at Annexure-12. We also decline interference to the impugned judgment of the learned Single Judge; though on different grounds as stated by us hereinabove to sustain Annexure-12.

The appeal stands dismissed.