JUDGMENT 1. - The above said writ petitions involve the same question of law and facts, and therefore, are being decided together. 2. The prayer made in all abovesaid writ petitions is to the effect to allow the petitioners to participate in the qualifying examination to the rank of Inspector/Supervisor (Technician) and further to quash the order impugned to the extent of non-inclusion of name of petitioners for such examination by declaring it to be illegal. 3. The facts are being taken from the writ petition No. 4276/97. The petitioners were initially appointed as Sub-Inspector (Technician) and were confirmed as such. The rules governing service conditions including the promotion in regard to department of petitioners are called Rajasthan Police Subordinate Service Rules, 1989 (hereinafter called as `Rules) and the next promotion from the post, petitioners are holding, is Inspector Police Tele Communication Department and Supervisory/Technician Police Tele Communication Department. The promotions to the said post are made in accordance with the Rule 26 of the Rules. The qualification for the abovesaid post are mentioned in the item Nos. 1 and 3 of part-III (Police Tele-Communication) of the schedule-I of the aforesaid Rules. Under column 6 of schedule-I for the promotion of Inspectors, the minimum qualification prescribed is that the candidate should have training from the State Police Telecommunication Institute and should be trained of Grade I Operator and should be Sub-Inspector Supervisor/Operator/Technician with three years experience. 4. The petitioners for such training were deputed to report before the Dy. Director (Training), Central Police Radio Training Institute. New Delhi on 9-8-91 and after successful training, had passed Gr. I Technician course. The copy of declaration of result is also attached to writ petition No. 4276/97. After getting such training, the petitioners had become eligible for promotion to the post of Inspector/Supervisor Technician and they qualified to appear in the interview vide letter dated 9-8-91 (Ann. 4). A seniority was also framed of the cadre of sub-inspector (Technician). The petitioner Kailash Narain Sharma was senior to Bhanwar Singh, Vijay Singh, Narpat Singh, Atar Singh, Hari Singh etc. as mentioned in para No. 7 of the writ petition. It was further stated that some of the petitioners were asked once again to appear in the examination Grade-I Technician course vide letter dated 22-4-1997. The petitioner Kailash Narain Sharma was senior to Bhanwar Singh, Vijay Singh, Narpat Singh, Atar Singh, Hari Singh etc. as mentioned in para No. 7 of the writ petition. It was further stated that some of the petitioners were asked once again to appear in the examination Grade-I Technician course vide letter dated 22-4-1997. The petitioners represented stating therein that they stood already qualified and eligible and had passed the course from the Central Police Radio Training Institute, New Delhi, as deputed by the department itself. It was further stated that many other promotes who had already been promoted to the post of Supervisor (Operator/Technician) Inspectors were also similarly qualified as that of the petitioners and had also taken similar training. The names of such persons have been mentioned in para No. 9 of the writ petition. It is stated that because of the reason that earlier there was no sufficient arrangement for imparting training in Rajasthan Police Tele-Communication Department, therefore, the in-service' employees were being deputed in Central Police Radio Training Institute, New Delhi. It is stated that the syllabus and the standard prescribed by the Central Police Radio Training Institute, New Delhi and Rajasthan Police Tele-Communication Department is the same. However, the petitioners were not considered for the purpose of promotion for the reason that they did not strictly fall under column 6 of Schedule-I. Therefore, the writ petitions had been filed with the prayer as mentioned above. 5. The reply has been filed in writ petition No. 4276/97. The facts as mentioned in writ petition have not been disputed. However, it is stated that as per Rules, 1989 the requisite qualification for the post of Inspector/Supervisor (Technician), as has been reproduced in writ petition, is that for the I-Grade Technician/Operator, the examination should have been qualified from the State Police Tele-Communication Directorate. It is admitted that the petitioner was sent to take training of I-Grade Technician/Operator course from Central Police Radio Training Institute, New Delhi in the year 1989. It is also admitted that many juniors have been promoted and the petitioners have not been considered for promotion or ignored for promotion only on the ground that the petitioners were deputed to take the training from Central Police Radio Training Institute, New Delhi and therefore, only those candidates were considered for promotion who had passed the examination from Rajasthan Police Tele Communication Department. 6. 6. During the course of arguments, the counsel for respondents submitted that even though the state had been deputing candidates of the rank of Sub-Inspector that is the persons like the petitioners, who acquired the training of Technician I Grade in Central Police Radio Training Institute, New Delhi, recommendation were also being made to State Government to amend the rules in this regard. But some how, the matter is still pending consideration of the State Government. It is not denied that the examination for Technician Gr. I by the Central Police Radio Training Institute, New Delhi is equally qualitative with that of Rajasthan Police Tele- Communication if not more (sic). It is also not denied that the State employees were deputed for qualifying such examination at the expenses of State by the authorities. It is also not denied that many employees who had passed such examination from Central Police Radio Training Institute have been promoted to the post of Inspector/Supervisor but still the petitioners are being denied the promotion on the ground that they should have qualified the examination from Rajasthan State Police Tele Communication. 7. Admittedly, in all the cases the petitioners are qualified in training I-Grade Technician from the Central Police Radio Training Institute, New Delhi. They were deputed by the department at the expenses of State and were treated on duty. To deny the consideration of promotion to petitioners on the ground that they have not qualified the training of I-grade Technician from the Rajasthan Police Tele Communication is unimaginable. There is no nexus with such denial. If the State Government had thought it proper to send the persons to acquire the training from the Central Institute for passing the examination of Technician or. I from Central Police Radio Training Institute, New Delhi they cannot be denied the promotions on the ground that they had not passed the examination for such training from the Rajasthan Police Tele-Communication for such training. The action of respondents is highly arbitrary violating Arts. 14 and 16 of the Constitution of India. It is up to the State to depute such persons for training either in Central Police Radio Training Institute, New Delhi or in Rajasthan Police Tele-Communication. The action of respondents is highly arbitrary violating Arts. 14 and 16 of the Constitution of India. It is up to the State to depute such persons for training either in Central Police Radio Training Institute, New Delhi or in Rajasthan Police Tele-Communication. In a given case if certain persons are deputed to Central Police Radio Training Institute, New Delhi and their juniors were sent to Rajasthan Police Tele-Communication, all of them qualified the examination of Technician Gr. I. All of them are treated on duty and paid their salary all of them are allowed the training at the expenses of State, it shall be highly arbitrary to say that only those persons who passed examination at Rajasthan Police Tele Communication shall be considered for the purpose of promotion to the post of Inspector/Supervisor (Technician) on the ground that in the rules it is provided that passing of training from Rajasthan Police Tele-Communication is the prescribed qualification. In the schedule attached with the Rules even though it is provided that the candidate should have training of State Institute but still the State Government itself had been deputing the officers to acquire such training from the Central Institute. In such circumstances, it cannot be said that the training being imparted to those employees including the petitioners could not be considered or could be ignored. There is no rationale in providing in the Rules that the training should be from the State Institute only. The Government is also alive of this fact and therefore, the effort was being made to insert in the schedule the word the `Central Institute' as well. It is not denied that many candidates who had passed the examination from Central Police Radio Training Institute, New Delhi are being allowed to be promoted. 8. For the reasons mentioned above, the writ petitions are allowed. The petitioners had acquired training and had passed examination of Grade-I Technician/Operator from Central Police Radio Training Institute, New Delhi as deputed by the State to acquire the training. They shall be considered equal to that of Rajasthan Police Tele-Communication for all means and purposes till the schedule Central Institute is also amended to include the Central Police Radio Training Institute, New Delhi as well. 9. They shall be considered equal to that of Rajasthan Police Tele-Communication for all means and purposes till the schedule Central Institute is also amended to include the Central Police Radio Training Institute, New Delhi as well. 9. Impugned action of ignoring the petitioners for promotion only because of the reason that they were not deputed to Rajasthan Police Tele-Communication and were sent to Central Police Radio Training Institute, New Delhi cannot be sustained in the eyes of law. The petitioners shall be considered eligible for promotion to the post of Inspector/Supervisor (Technician) and shall be promoted with all consequential relief/benefits after such consideration from the date when their immediate junior was considered and promoted. The impugned orders to the extent which goes contrary to aforesaid observations are quashed in each of the case. 10. The case of petitioners shall be considered within six months from the date of receipt of the certified copy of this order. The writ petitions are allowed as above with the cost of Rs. 500/- in each case.Petitions allowed. *******