YOGENDER PAL SINGH & OTHERS versus UNION OF INDIA & ORS.

YOGENDER PAL SINGH & OTHERS versus UNION OF INDIA & ORS.

Preference or relaxation in favour of sons or relatives of police officers for recruitment based on descent is unconstitutional under Article 16(2); Punjab Police Rules, 1934 concerning such preference stood repealed on promulgation of Delhi Police Rules, 1980; only one son of a police officer can be considered for relaxation, and only with approval of the Administrator.

Parties
Appellants: Yogender Pal Singh & Others; Respondents: Union of India & Others
Jurisdiction
India
Judgment Date
23 January 1987
Procedural Posture
Civil Appeal / Appeal by Special Leave From Letters Patent Appeal Judgment of Delhi High Court
Outcome
Appeal dismissed
Legal Topics
Equality in Public Employment, Repeal of Prior Rules, Preference Based on Descent, Constitutionality of Recruitment Rules, Statutory Interpretation
Constitutional Law Administrative Law Police Law Equality in Public Employment Repeal of Prior Rules Preference Based on Descent Constitutionality of Recruitment Rules Statutory Interpretation

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Parties

Yogender Pal Singh & Others

Appellants

Union of India & Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Letters Patent Appeal Judgment of Delhi High Court

Legal Issues

  1. 1 Whether Rule 12.14(3) of Punjab Police Rules, 1934 authorising preference for sons and relatives of police personnel is constitutional
  2. 2 Whether Delhi Police (Appointment and Recruitment) Rules, 1980 supersede the Punjab Police Rules, 1934
  3. 3 Whether relaxation of recruitment rules by Deputy Commissioner of Police is valid without sanction of Administrator

Ratio Decidendi

Preference or relaxation in favour of sons or relatives of police officers for recruitment based on descent is unconstitutional under Article 16(2); Punjab Police Rules, 1934 concerning such preference stood repealed on promulgation of Delhi Police Rules, 1980; only one son of a police officer can be considered for relaxation, and only with approval of the Administrator.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs
  • Appointments already made by relaxation to remain undisturbed