Judgment B.N.Agrawal and Gurusharan Sharma JJ. 1. Prayer has been made in this application for giving a direction to the Deputy Inspector General of Police (Wireless), Bihar, Patna (respondent no.10) to take steps for absorption of the five writ petitioners on the post of Wireless Operator/Very High Frequency Sets or in regular police force. 2. It appears that originally the petitioners were enrolled as Home Guards in the district of Patna and subsequently they were deputed to work as Wireless Operators in V.H.F. Radio Police on 22.7.1991 and since then they have been working as Wireless Operators. 3. It has been brought to our notice that several other similarly situated persons, who were also enrolled as Home Guards, were placed on deputation as Wireless Operators, moved this Court for their absorption on the post of Wireless OperatorA/.H.F. Sets or in regular Police Force which gave rise to C.W.J.C. No. 4992 of 1986 and several other analogous cases. All the writ applications were disposed of by a common judgment on 12th March, 1991. This Court after a thorough consideration directed the authorities to consider the cases of writ petitioners of those cases for absorption in the light of the provisions of Rule 1235 of the Bihar Police Manual and Circulars of the State Government referred to in the said judgment. The Court while giving directions to the concerned respondents observed and passed the following order which runs thus. "I have already taken notice of the circular issued by the State Government from time to time for absorption, providing 50% posts for filling up from the Homeguards in the Police Force. Besides the aforesaid circular, it has also been noticed under rule 1235 of the rules, which prescribed procedure for appointment in the Bihar State Police Radio (Organisation), provide that volunteers from other Police units and Homeguards may be absorbed in the Organisation if they fulfil the requisite qualification. As per the aforesaid rule, the requisite qualification is matriculate with science and physical fitness etc. of the candidate. Nothing has been pointed out by the respondents as to why inspite of different circulars as also the provisions laid down under rule 1235 of the Police Manual, the cases of the petitioners for their absorption in the Police Force have not been considered as yet.
of the candidate. Nothing has been pointed out by the respondents as to why inspite of different circulars as also the provisions laid down under rule 1235 of the Police Manual, the cases of the petitioners for their absorption in the Police Force have not been considered as yet. I am conscious of the fact that no direction can be issued for absorption of the persons who have been selected against a post without following the rules prescribed for appointment. But in the present case, rule 1235 of the Police Manual provides for absorption of Homaguards in Radio Organisation provided they fulfil requisite qualification. Similar provisions have been made under the circulars and instructions issued by the department of Home (Special) Government of Bihar, which I have already mentioned in this judgment. Therefore, taking into consideration all the facts and circumstances, I direct respondent nos.2 and 5 to consider the cases of the petitioners for their absorption in the light of the provisions under rule 1235 of the Rule and the circulars of the State Government as stated above. Needless to say that while considering the cases of the petitioners, the respondents are required to scrutinise as to whether the petitioners do possess the requisite qualification as required under law. If upon consideration of the entire material, this it is found that the petitioners possess requisite qualification and fulfil all the critieria laid down under rule 1235 of the rules, as also the circulars, issued by the State, necessary order be passed in accordance with law preferably within a period of four months from the date of production/receipt of this order." 4. In our view, cases of writ petitioners stand on the same footing. Therefore, we direct that cases of the petitioners for their absorption shall be also considered by respondent no.10 in accordance with the aforesaid directions given by this Court in the aforesaid cases. Respondent no.10 is directed to pass necessary orders in accordance with law preferably within a period of four months from the date of receipt/produotion of a copy of this order before him by the petitioners. 5. With the aforesaid direction this application is disposed of but in the circumstances of the case we direct that the parties shall bear their own costs.