JUDGMENT S.B. Sinha, J. In this writ application, the, petitioners has prayed for Issuance of a writ certiorari for quashing an order dated 11.2.1990 issued by Respondent no. 7 as contained in Annexures 1 and 1/A to the writ application, and further for a direction that the petitioner be absorbed on the post of. Wireless Operator in very high frequency sets. 2. The fact of the matter tics in a very narrow compass. 3. The petitioner is a home guard constable. Till 12.2.1990 be was working as Wireless Operator in Purnes district in very high frequency sets, having joined on the said post on 12.12.1985. According to the petitioner as he has been working continuously for a long time be is entitled to be regularised in the job of Wire leas Operator and thus, his services should not have been terminated in terms of the impugned orders. 4. It has been contended that ten permanent posts of Wireless Operator are vacant and, thus, the petitioner can be adjusted on the said post. It has been contended that by a circular dated 22nd January, 1986, the Government of Bihar instructed the Director General of Police, Bihar, Patna, Inspector General of Prisons and Inspector General of Bihar, Military Police to fill up 50% of the police force from amongst the Homeguards. A copy of the said circular is contained in Annexure 3 to the writ application. The petitioner has contended that as the government has been taking from him on regular basis for years together and he is not being used as Homeguards on emergency duties or occasional duties, hence his case differs from the cases of ordinary Homeguards. 5. The petitioner earlier had moved this Court against the order dated 12.2.1990 in C.W.J.C. No. 4780 of 1990 and the same was dismissed as withdrawn by an order dated 14.2.1991. The petitioner has contended that some Homeguards had in a similar situation moved this Court in various writ applications Such as C.W.J.C. No. 4992 of 1986, C.W.J.C. No. 7145 of 1988. C.W.J.C. No 8733 of 1988 and C.W.J.C. No. 7520 of 1989 against the order as contained in Annexure-1 to this writ application and the said writ applications have been disposed of by a common judgment. 6. In this case, a counter affidavit bas been filed on behalf of the Respondents, which bas been sworn by the Deputy Superintendent of Police, Wireless. 6. In this case, a counter affidavit bas been filed on behalf of the Respondents, which bas been sworn by the Deputy Superintendent of Police, Wireless. In the said counter affidavit it bas been contended that the petitioner was never appointed as Wireless Operator by Bihar Police Radio Organisation rather he was selected and trained to work as Homeguard on daily allowance and voluntary basis. He was deployed by the District police to the Police Station to work in very high frequency sets as part of his routine work which does not require any formal training like trained Wireless Operator. According to Respondents Bihar Police Radio is entirely different organisation to which the petitioner does not belong. It has further been contended that it is not correct to say that A.I.G. (Commissioner) had asked the Superintendent of police to recruit suitable Homeguards for Wire less Organisation, rather by letter no. 3571 dated 3.8.1982 the A.I.G (Wireless) had asked the S.P. to nominate ten Homeguards in consultation with District Magistrate for deputing them in Police Stations to handle the wireless very high frequency sets, where technical competance was not required. It bas been contended that the said arrangement was contained till adequate number of trained wireless operator were provided in the district. In view of the fact that since several recruitments were conducted by Bihar Police Radio giving wide publicity and providing 50% from Homeguards, He found that large number of Homeguards have already jointed Bihar Police- Radio as Wireless Operator. It has further been contended that the petitioner does not possess the requisite technical training i.e. in additional to operative of V.H.F. Sets. the operation of H. F. Sets. sending and reading the message in morse code secret codes, Radio procedure, Radio Theory and maintenance and repair of minor faults of various wireless sets. It has been contended that no show cause notice was served upon the petitioner nor it wall required to be served all he was never appointed as Wireless Operator by Bihar Police Radio Organisation, but, be was merely selected and trained as Homeguard on daily allowance and voluntary basis. It has further been stated that the petitioner has not been selected on the post of Wireless Operator and as such the question of his regularisation does not arise. It has further been stated that the petitioner has not been selected on the post of Wireless Operator and as such the question of his regularisation does not arise. It has been contended that as and when the post would be filled up, the petitioner will be given an opportunity for being considered for appointment in the said post as and when the vacancy arise therfore. 7. In Supplementary affidavit filed on behalf of the petitioner it has been contended that an advertisement was published in a local news paper ‘Aaj’ on 13th September, 1981 for appointment on the post of Havildar Clerk and the petitioner applied for the same and was selected by a Selection Committee and was directed to report on 26th January, 1982. It has been stated that while the petitioner was waiting for an order of posting, by an order of posting, by an order dated 1.2.1982 the Commandants General, Homeguard stayed the order of selection and later on by order dated 20.07.1982 the selection was cancelled. Allegedly the petitioner and various other persons moved this Court as also the Supreme Court of India, the petitioner has contended that one Sri Pramod Narain Tiwari has also filed a writ application bearing C.W.J.C. no. 1332 of 1990 and the said writ petition was allowed and he and eleven others have been appointed by order dated 20.7.1992 which are contained in Annexures-4 and 4/A to the Supplementary affidavit. 8. The petitioner has also filed a reply to the counter affidavit filed on behalf of the Respondents, wherein he accepted the fact that by letter dated 3.8.1982 the A.I.G, (Communication) who was also the A.I.G. (Wireless directed the Suprintendent of Police to select ten Homeguards form their respective districts who were Matriculate for appointment as Wireless Operator V.H.F. sets. allegedly in terms of the said letter a Selection Board was constituted and the petitioner and nine others were selected and he was deputed for training under the control of the Supervisor V.H.F. sets, where after he was appointed as Wireless Operator V.H.F. set. The petitioner has contended that the has also been given rewards for the duties performed by him. 9. From the facts as noticed hereinbefore, it is evident that petitioner’s service is not borne in the cadre of Bihar Police Radio Service. The petitioner has contended that the has also been given rewards for the duties performed by him. 9. From the facts as noticed hereinbefore, it is evident that petitioner’s service is not borne in the cadre of Bihar Police Radio Service. The terms and conditions of the service of the petitioner evidently are not governed under the provisions of the Police Act and the Bihar Police Mannual. The petitioner has accepted that the terms and conditions of his service are governed by Bihar Homeguards Act, 1947 (hereinafter referred as ‘1947 Act’) and the rules framed thereunder. 1947 Act was enacted as it was considered expedient to provide a volunteer organization to assist in the maintenance of peace and tranquility of the Province of Bihar and to inculcate habits of self-reliance and discipline among the volunteers and the public in general and to develop in them a sense of civil responsibility. 10. Section 3 of 1947 Act provides for constitution of Home Guards which reads as follows : "3. Constitution of Home Guards- (1) The State Government shall constitute in such manner as may be prescribed for each of the areas specified in a notification under sub-section (3) of Section 1, Home Guards who shall discharge such functions in relation to the protection of persons, the security of property of public safety in any area within the State of Bihar as may be assigned to them in accordance with the provisions or this Act and the rules made thereunder. (2) The Home Guards in the State of Bihar shall for the purposes of this Act be deemed to be a single force and the members thereof small be formally enrolled; and such force shall consist of such number of officers and men, and their qualifications and conditions of training and service shall be such as may be prescribed. (3) A Home Guard shall, on enrolment, make a declaration in the form specified in the First Schedule and receive a certificate of appointment in the form specified in the Second Schedule, under the seal and signature or such officer as may be prescribed, by virtue of which the persons holding such certificate shall be vested with the powers and privileges of a Home Guard.” 11. Section 4 of 1947 Act chose the District Magistrate having jurisdiction over any area in which the said Act is in force to pass an order calling out any Home Guard for the discharge of any duty assigned to them in accordance with the provisions of this Act and the rules framed thereunder. The Home Guard in terms of section 5 of the said Act is put under the control of the Officers of the police force in such manner and to such extent as may be proscribed. 12. Police Act. 1861 would apply to the Home Guard only while he is on duty and in so far as such duty is not in-consistent with this 1947 Act. 13. Sri Shabir Ahmad, learned counsel appearing on behalf of the petitioner has drawn our attention to Rule 4 of the Bihar Home Guard Rules, 1953, which has been framed by the State of Bihar in exercise of its power conferred upon it under section 13 of the 1947 Act. Role 4 aforementioned reads as follows: "4. Qualifications for enrolment as a Home guard.- Any person- (a) Who is not less than 19 and not more than 40 years of age on the 1st day of January of the year in which the application for enrolment is made; (b) Who is of good moral character, (c) Who is physically fit to undergo arduous outdoor duties; (d) Whose height is not less than 5' 4" and chest measurement not less than 31" (un-expanded) or in the case of scheduled tribes of Chota Nagpur Division of Santhal Parganas District and or persons be longing to the Purnea district and the Saharsa sub-district, whose height is not leas than 5' 2" and chest measurement not less than 30" (unexpanded); and (e) Who has passed at least the Upper Primary or equivalent examination; shall be eligible for enrolment as a Home Guard : Provided that members of the Auxiliary Force, India, or of the Territorial Army shall not be eligible for enforcement" Rule 5 provides for the procedure for appointment of officers and men of the Home Guards Force. 14. It is not disputed at the Bar that the wireless operator appointed in the Bihar Police Radio Organisation are born in the cadre of police force. 15. 14. It is not disputed at the Bar that the wireless operator appointed in the Bihar Police Radio Organisation are born in the cadre of police force. 15. The petitioner has also accepted the fact that 50% of the Home Guards are to be appointed in the Bihar Police force. Evidently, therefore, the petitioner accepts the fact that before a person can be appointed as Wireless Operator in the Bihar Police Radio Organisation, he has to be appointed as such. Thus, unless and untill a person is appointed in accordance with law in the Bihar Police Service, he does not acquire any right to continue to be posted in the said post. It is not the case of the petitioner that pursuant to the aforementioned policy decision of the State to the effect that 50% Home Guards are to be appointed as police constable, he had been appointed as such in terms of the provisions of the Bihar Police Manual and/or Recruitment Rules of the State of Bihar As indicated hereinbefore Respondents have categorically contended that the petitioner was never appointed as wireless Operator and, has never been imparted with be requisite training and thus, is not competent to work as Wireless Operator. 16. In this connection. It is relevant to mention that rule 1235 of the Bihar Police Manual provides for qualification for recruitment of the Wireless Operators in the Operating Wing of the Bihar State Police Radio (Signal) Organisation and matric with science. The said rule further provides that volunteers from other Police Units and Homeguard may be absorbed in Radio Organisation, if they fulfil the requisite qualification. Rule 1282 deals with the mode and procedure for training of the Wireless Operators. The initial training of the direct recruits is three months either in the Police Training College or in the Constable Training School. 17. It is not In dispute that the post of Wireless Operator in technical in nature. The police radio personnel are recruited according to Appendix 92 of the Police Manual. For the recruitment of the Wireless Operators, written test has to be held with respect to the subjects hi Hindi and English. It is not the case of the petitioner that he has passed the examination which was conducted for appointment on the post of Wireless Operator nor it is his contention that upon such appointment he has been sent for three months' training. It is not the case of the petitioner that he has passed the examination which was conducted for appointment on the post of Wireless Operator nor it is his contention that upon such appointment he has been sent for three months' training. It cannot, therefore, be said that he was selected by the Selection Committee constituted by the Police Wireless Department for appointment of wireless Operators. 18. It is, therefore, clear that no direction can be issued to the Respondents to absorb the petitioner in the post of Wireless Operator. This aspect of the matter has also been considered by a Division Bench of this Court in C.W.J.C. No. 992 of 1986 disposed of on 12th March, 1991 by the learned Single Judge. 19. It is now well known by various decisions of the this Court that regularisation cannot be mode of appointment. The State cannot in the name of regularisation create 3rd mode of appointment which is not contemplated under Article 309 of the Constitution of India. The Bihar Police Manual so far as it relates to the terms and conditions of the service of Bihar Police Force is deemed to be a Rule made under the provisions appended to Rule 309 of the Constitution or India. No recruitment, therefore, can be made in violation of the provision of the said Rules. 20. However, I observe that in view of the fact that the petitioner is qualified to hold the post of Wireless Operator and be has been working as Wireless Operator and further in view of the fact that the rule provides for absorption of such employees, the State should consider the desirability of considering the case of the petitioner along with all other eligible candidates in accordance with law. 21. So far the submission of the learned counsel for the petitioner to the effect that he should be treated in the same manner as Pramod Narain Tiwary, no such relief can be granted to the petitioner, inasmuch as in this writ application, the petitioner has merely questioned the impugned order which are contained in Annexure-1 & 1/A to the writ application. However, so far as this aspect or the matter is concerned, it will be open for the petitioner either to file a proper representation or to take recourse to any other legal remedy to which he is entitled to. 22. However, so far as this aspect or the matter is concerned, it will be open for the petitioner either to file a proper representation or to take recourse to any other legal remedy to which he is entitled to. 22. This application is dismissed with the aforementioned observations, but, with out any order as to cost. I.P. Singh, J. : I agree. Application dismissed with observation.