JUDGMENT 1. - Through this writ petition, the petitioner seeks a direction for his promotion as Head Constable in 4th Battalion RAC on the basis of the result of the qualifying examination at which he was declared successful on 24th March, 1988. 2. The petitioner was working as a Constable in the Rajasthan Armed Constabulary. Appointment to the post of Head Constable is made 100% by promotion from amongst constables. As a part of process of selection a constable has to appear in qualifying examination and thereafter he has to pass out-door test and he is also required to face interview. After passing through the aforesaid process a list of selected candidates is prepared in order of seniority in the cadre of constables and from this list, the candidates are sent for promotion cadre course and regular promotions are made after passing promotion cadre course. in 4th Battalion, RAC 28 posts of Head Constables were there, including 22 posts which were created due to the formation of a new company, namely 'G' Company. Selections for the post of Head Constable were held from 17th March, 1988 to 24th March,1988, and after holding interviews on 24th March,1988, the result was declared. The petitioner had appeared in the aforesaid selections and finally his name was included in the select list after interview at Sr.No.37. About 150 con,stables had appeared in the qualifying examination, out of which 51 candidates were called for interview as the remaining constable could not pass even the qualifying written examination. Ultimately, 42 candidates were interviewed, out of which 41 were finally selected. On the basis of this select list which was prepared, the candidates selection (SEEK) could have been sent for promotion cadre course so that they can seek regular appointment on the post of Head Constable by promotion after passing the promotion cadre course. In the facts and circumstances, although the select list was declared way back on 24th March,1988, no candidate out of this select list was sent for promotion cadre course and the petitioner aggrieved with the same filed this writ petition before this Court on 14th March, 1989. Reply has been filed on behalf of the respondents and the claim of the petitioner has been sought to be traversed on the ground that some vigilance inquiry was going on against the aforesaid selection in which some irregularities had taken place. Reply has been filed on behalf of the respondents and the claim of the petitioner has been sought to be traversed on the ground that some vigilance inquiry was going on against the aforesaid selection in which some irregularities had taken place. A further plea had been taken in para 6 of the reply that the selections were held for 28 posts only and the vacancies created after wards could not be made use of for making appointment on the basis of the selection, which had already been held in respect of 28 vacancies. The respondents were free to 'conduct fresh selection for the vacancy which became available subsequently. It is also submitted that the petitioner being at Sr.No.37 in the select list, he cannot take advantage of this list. No reason, much less convincing reason has been given as to why the matter is still pending in the vigilence inquiry, if at all, there was any such inquiry. The petitioner's counsel has submitted that initially the selections were to be held against 28 vacancies only. Nine vacancies had become available due to retirement and transfers and, therefore, once the select list was there, the same could be operated to the extent of 28+14=42. Therefore, there would have been no difficulty in giving benefit to the petitioner as he was at Sr.No.37 and vacancies were also available upto 37 because 28+9 comes out to be 37. In this view of the matter, I find that had the list been operated there was every likelihood that the petitioner could have been sent for promotion cadre course for appointment by promotion as Constable, on the basis of 37th position in the select list. 3. In these circumstances, it is ordered that in case any vigilance inquiry with regard to the irregularities in the selection is still pending, such vigilence inquiry would be completed and concluded by the Department within a period of three months from the date the copy of this order is made available to the concerned authorities. 3. In these circumstances, it is ordered that in case any vigilance inquiry with regard to the irregularities in the selection is still pending, such vigilence inquiry would be completed and concluded by the Department within a period of three months from the date the copy of this order is made available to the concerned authorities. In such vigilance inquiry, if there is any irregularity which is attributable to any of the candidates who appeared in the selection, such candidates may also be given an opportunity of hearing with regard to the alleged irregularity and the result of vigilance inquiry, if any, may be made use of to the prejudice of the selected candidates only after hearing the selected candidates on the question of irregularities. In case, the Department still fails to complete the vigilence inquiry against the selections held within three months from the date when the copy of the judgment is made available to the authorities concerned, the vigilance inquiry shall be deemed to have been abondoned and the authorities will proceed on the basis of the select list which had been declared on 24th March,1988 and grant all consequential benefits to the petitioner and other candidates. It is also directed that unless the vigilance inquiry is completed, the fate of the candidates selected vide selections made on 24th March,1988 is not decided in pursuance of this order, no appointment shall be made against the vacancies for the selection held in the year 1988 and which became vacant-till the date of the preparation of the select list based on selection dated 24th August, 1988 i.e. the vacancies which have been made the subject matter of this writ petition.The writ petition is allowed as indicated above.Writ Petition Allowed. *******