In these two writ petitions similar relief has been sought for basing on the similar questions of law. Accordingly, these two writ petitions are taken up jointly for disposal by a common judgment and order. [2] Heard Mr.Ismail Khan, and Mr.M.Hemchandra, learned counsel for the petitioners as well as Mr.Th.Ibohal, learned GA for the respondents in both the writ petitions. [3] In supercession of all the previous rules issued in this regard and in exercise of the power conferred by proviso to Article 309 of the Constitution of India the Governor of Manipur makes the Rule called “the Police Department, Manipur (Inspector of Police) Recruitment Rules, 1996” vide notification No.1/28/95-RR/DP dated 5th July, 1996. According to the said Recruitment Rules the post of Inspector of Police in the Police Department are to be filled up cent percent by promotion. The eligibility criteria for appointment by promotion to the post Inspector of Police in the Police Department, Government of Manipur are mentioned in column 11 of the MPSC (Manipur Public Service Commission) Form No.8 to the said Recruitment Rules for the post of Inspector of Police notified on 5.7.1996. For easy reference the eligibility criteria for appointment by promotion to the post of Inspector of Police mentioned in the said column No.11 of the MPSC Form No.8 are quoted hereunder: “11.Promotion: Matriculation/H.S.L.C. or its equivalent Sub-Inspectors of Police who have passed the Departmental Examination conducted by MPSC and completed 5 (five) years' regular service in the grade. Provided that not more than 10% of the vacancies arising in a recruitment year may be filled from Matriculate/HSLC or its equivalent Sub-Inspector of Police who have passed the Departmental Examination conducted by MPSC and completed 3 (three) years' regular service in the grade and who have been recommended by the Director General of Police for promotion by reason of their conspicuous acts of gallantry in discharge of official duties OR 5 (five) good service marks awarded by Director General of Police as provided under Rule 44 of Part III of Assam Police Manual irrespective of their rank/position in the seniority list. Provided that officers recommended beyond the normal zone of consideration under such category shall be placed below the officers recommended under normal zone of consideration in the merit list.” [4] It is crystal clear from the said Column 11 of the MPSC Form No.8 that not more than 10% of the vacancies arising in a recruitment year may be filled up by Matriculate/HSLC or its equivalent Sub-Inspector of Police who have passed the Departmental Examination conducted by the MPSC and completed 3 (three) years' regular service in the grade and who have been recommended by the Director General of Police for promotion by reason of their conspicuous acts of gallantry in discharge of official duties OR 5 (five) good service marks awarded by Director General of Police as provided under Rule 44 of Part III of Assam Police Manual irrespective of their rank/position in the seniority list. [5] Shri K.R.Ninglen, writ petitioner of WP(C) No.631 of 2006 was initially appointed as Constable in the year, 1969 and later on promoted to ASI in the year, 1976. Ultimately in the year, 1984 the petitioner was promoted as Sub Inspector of Police on the basis of seniority-cum-merit and thereafter, he had undergone training in the Police Traffic Institute, Maharashtra and completed the said training in the year, 1988. It is also said that the petitioner's educational qualification is Higher Secondary School. [6] The learned GA appearing for the respondents states that he has no instruction to the effect that the petitioner's educational qualification is Higher Secondary standard. [7] It is also said that the petitioners of Writ Petition © No.643 of 2006 also completed the qualifying service for promotion to the post of Inspector of Police according to the said Recruitment Rules for the post of Inspector of Police and also eligible for appointment by promotion to the post of Inspector. The final interse seniority list of the Sub Inspectors of Police in the Department of Police Department, Government of Manipur as on 1.4.2005 had been prepared by the Director General of Police, Manipur and it has been circulated to all the concerned under letter dated 1.4.2005. In that final interse seniority list of Sub Inspectors as on 1.4.2005 name of the petitioner of Writ Petition © No.631 of 2006 appear at sl.no.8. Over and above, he is also an ST candidate. In that final interse seniority list of Sub Inspectors as on 1.4.2005 name of the petitioner of Writ Petition © No.631 of 2006 appear at sl.no.8. Over and above, he is also an ST candidate. But for the reasons best known to the respondents, it has been learned that name of the petitioner of Writ Petition (c) No.631 of 2006 has not been sent by the Police Department for consideration by promotion to the post of Inspector. [8] All the writ petitioners of WP(C) No.643 of 2006 are eligible in all respects for appointment by promotion to the post of Inspector of Police according to the said Recruitment Rules for the post of Inspector of Police dated 5.7.1996. The names of the writ petitioners of WP(C)No.643 of 2006 appear at sl.nos.1, 2, 3, 4, 7, 11, 14, 17, 20 and 21 respectively in the said final interse seniority list of Sub Inspectors of Police as on 1.4.2005. As they were appointed as Sub Inspectors vide different orders dated 9.11.1984, 2.11.1984, 18.5.1985 and 26.9.1986 respectively, they had already completed the qualifying service in the grade of SI for appointment by promotion to the post of Inspector of Police. [9] The Dy Inspector General of Police (HQrs), Manipur for the Director General of Police, Manipur under his letter being No.E/30/15/2001-PHQ (Adm)/203 dated 20.4.2006 sent the proposal for promotion from SI to Inspector of Police in the Police Department, Government of Manipur for the 3 (three) substantive vacancies in the post of Inspector of Police for the year, 2004-2005 and 17 (seventeen) substantive vacancies in the Inspector of Police for the year 2005/2006, altogether 20 (twenty) vacancies to the Special Secretary (Home), Government of Manipur. In the said letter of the Dy.Inspector General of Police, Manipur (HQrs) dated 20.4.2006, it is clearly mentioned that 10% of the 20 (twenty) substantive vacancies is to be filled up by resorting to first proviso mentioned in the said column no.11 of the MPSC Form No.8 attached to the said Recruitment Rules for the post of Inspector of Police notified on 5.7.1996. [10] It is admitted case of both the parties that there are some controversies in filling up of the 10% i.e, 2 (two) vacancies out of the 20 (twenty) vacancies according to the said first proviso mentioned in the said column 11 of the Recruitment Rules for the post of Inspector dated 5.7.1996. [10] It is admitted case of both the parties that there are some controversies in filling up of the 10% i.e, 2 (two) vacancies out of the 20 (twenty) vacancies according to the said first proviso mentioned in the said column 11 of the Recruitment Rules for the post of Inspector dated 5.7.1996. But in the present two writ petitions none of the writ petitioners are claiming for appointment by promotion to the said ten percent vacancies reserved for the out of turn promotion, i.e. promotion by resorting to the said first proviso to column no.11. [11] The learned GA appearing for the State respondents also fairly submits that he got instructions from the Police Department, i.e. letter of the Dy.Inspector General of Police, Manipur (HQrs) for the Director General of Police, Manipur being No.E/55/33/2006-PHQ (Adm) / 5839 dated 18.7.2006 to him that the respondents are ready to take up necessary actions for filling up all the 18 (eighteen) vacancies out of the twenty vacancies in the normal course i.e. by strictly following the said Recruitment Rules for the post of Inspector of Police and also according to the said final interse seniority list of SI as on 1.4.2005. [12] The learned GA also fairly submits that DPC for the post of two vacancies which is to be filled up according to the out of turn basis i.e. by resorting to first proviso mentioned in column 11 of the said Recruitment Rules for the post of Inspector of Police dated 5.7.1996 after finalization of the litigation pending before this court. [13] Taking into consideration of the submission of learned counsel of both the parties this court is of the considered view that there is no impediment to the respondents in holding DPC for appointment by promotion to the said 18 (eighteen) vacancies in the post of Inspector of Police for which respondents are also ready to hold DPC. [13] Taking into consideration of the submission of learned counsel of both the parties this court is of the considered view that there is no impediment to the respondents in holding DPC for appointment by promotion to the said 18 (eighteen) vacancies in the post of Inspector of Police for which respondents are also ready to hold DPC. [14] Accordingly, this writ petition is disposed of by directing the respondents to hold the DPC for appointment by promotion to the said eighteen vacancies in the post of Inspector of Police (Civil Police) in the Manipur Police Department, by strictly following the said Recruitment Rules for the post of Inspector notified on 5.7.1996, the said final interse seniority list of Sub Inspectors of Police as on 1.4.2005 and also by following the guidelines/procedures to be followed by the said DPC under office memorandum of the Government of Manipur being No.17/2/80-DP dated 29.4.1999 as expeditiously as possible but not later than 2 (two) months from the date of receipt of the judgment and order of this court. With the above observation and direction, writ petition is allowed.