JUDGMENT : K.M. Joseph, J. 1. Heard learned counsel for the parties on condonation of delay. 2. In the circumstances of the case, delay in filing the appeals is condoned. Delay condonation applications, being CLMA No.1894 of 2017 and CLMA No.2367 of 2017, stand allowed. 3. Also, heard on the applications for leave to appeal. 4. Leave is granted. Applications for leave to appeal stand disposed of. 5. Since in these three appeals common questions of law arise, we are disposing of the same by the following common judgment. 6. The writ petition was filed by Women Constables in the Uttarakhand Police Department. Prayers in the writ petition are as follows:- “(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned advertisement dated 29th January, 2016 issued by the Uttarakhand Police Headquarter so far as it provides for filling up total 142 vacancies of Sub Inspector Civil Police (Women) through direct recruitment by way of special recruitment drive, as the same violates the 50% promotional quota available in the cadre of Sub Inspector Civil Police. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to apply the 50% promotional quota on the newly created 108 posts of Sub Inspector Civil Police (Women) and consequently issued the corrigendum to the advertisement dated 29th January 2016 and advertisement/circular dated 18th February, 2016.” 7. The case set up by the writ petitioners was that on 28.01.2016 (Annexure-1) an order was issued by the Principal Secretary, Home, Government of Uttarakhand, whereby 108 supernumerary temporary posts were created for posting of Sub Inspector (Women) Civil Police in each Police Station of the State. In the writ petition, it is averred that the Government Order mentions about the communication of the Director General of Police and Inspector General of Police (Headquarters) dated 5th October, 2015 and 3rd December, 2015 and therefore it is stated that the Government has decided to create 108 supernumerary posts for the purposes of appointment of Sub Inspector Civil Police (Women) in order to deal with and prevent the offences which have been committed against women in the State and to provide conselling to the affected women. It is stated that by the aforesaid Government Order, permission was granted to fill up 150 posts, namely, 108 supernumerary posts and 48 cadre posts (it is a mistake and be read as 42), by undertaking a special recruitment drive for supplying the same through the women candidates. An advertisement was issued on 29.01.2016 in respect of 150 vacancies (list is Annexure-2) wherein it is mentioned that it is to be filled by direct recruitment. It is further averred that the writ petitioners approached the authorities with the grievance that all the 150 posts (108 supernumerary posts and 42 cadre posts) have been provided for direct recruitment and no posts have been earmarked for Sub Inspector Civil Police (Rankers) to be filled from women candidates. It is further case of the writ petitioners that they represented in the Department that 50% posts of the total cadre of Sub Inspector Civil Police be supplied by direct recruitment and 50% by promotion from Rankers, but the same analogy and practice is not being followed in the present recruitment. On 18.02.2016, the Additional Director General of Police, Administration issued an advertisement/corrigendum regarding amendment in the number of posts to be filled by direct recruitment. In the corrigendum, it is mentioned that number of posts advertised has been reduced from 150 to 142 and the original advertisement was treated as amended (Annexure-3). Annexure-4 purports to be issued by the Director General of Police, issuing an advertisement for holding special recruitment for Sub Inspector Rankers Civil Police (Women). It is mentioned that the State Government on 28.04.2016 granted permission to fill up 150 posts of Sub Inspector Civil Police including 42 vacant posts of the department through women candidates. The circular further mentions that the selection of candidates for undergoing training for the post of Sub Inspector Civil Police (Rankers) will be only for 08 posts. There is reference to communication by Additional Secretary, Home, Government of Uttarakhand dated 11.02.2016 to the Director General of Police, Uttarakhand, whereby the Police Department was requested to provide draft copy of the Rules for appointment on the posts of Constable, Head Constable, Sub Inspector and Inspector. Petitioners relied on Annexure-6 Government Order dated 19.05.1998, which provides for appointment on the post of Sub Inspector Civil Police. Petitioners relied on Annexure-6 Government Order dated 19.05.1998, which provides for appointment on the post of Sub Inspector Civil Police. 50% is to be done by direct recruitment and 50% is to be done by promotion from Constables/Head Constables through departmental promotion examination. After the creation of the State of Uttarakhand, Uttarakhand Police Act, 2007 was enacted and Police Establishment Committee was established for determining the procedure. It is stated that Police Establishment Committee has framed separate procedure to be followed for appointment on the post of Sub Inspector Civil Police by recruitment as well as by selection through department. The petitioners complained that in the order dated 28.01.2016, it is not mentioned that the same is to be filled only by direct recruitment. Their complaint which was apparently projected was in view of the G.O. dated 19.05.1998 which we have adverted to 50% of the vacancies, namely, 54 out of 108 must be made available for promotion as provided in the G.O. dated 19.05.1998. The learned Single Judge found favour with this submission and accordingly held as under:- “3. The contention of the petitioners before this Court would be that these 108 supernumerary posts, which have been created, will shortly be merged in the cadre of Sub-Inspector in the State of Uttarakhand and the Government has already taken a decision to merge these 108 posts of Sub-Inspector in the department, then out of 108 posts, only 54 posts are liable to be filled by way of direct recruitment and remaining 54 posts are to be filled by way of promotion only. This fact is also admitted by the State Government that 50% of the posts have to be filled by way of direct recruitment. 4. This Court vide an interim order dated 22.06.2016 passed in WPSS No. 412 of 2016 had directed the State Government to proceed with the matter for filling up 96 vacant posts. This Court has been informed that out of 108 supernumerary posts, 54 posts have been filled by direct recruitment, and the candidates who have been selected, have already been sent for training. Presently, remaining 54 posts have to be filled by way of promotion from amongst the women Constables and Head Constables in the Police Department. Apart from 54 posts, there are presently 8 posts, which are lying vacant, a fact which is admitted by the respondents. Presently, remaining 54 posts have to be filled by way of promotion from amongst the women Constables and Head Constables in the Police Department. Apart from 54 posts, there are presently 8 posts, which are lying vacant, a fact which is admitted by the respondents. Therefore, as of now 62 posts of Sub-Inspector (Women) are lying vacant, which have to be filled by way of promotion. 5. This Court has further been informed by the learned Senior Counsel for the interveners that there are 34 posts of Sub-Inspector (Women), which have to be filled by way of direct recruitment. 6. In view of the aforesaid, the writ petition stands disposed with a direction to the respondent authorities to initiate the exercise for direct appointment and promotion, as the case may be, for the post of Sub-Inspector (Women) as expeditiously as possible, particularly in view of the fact that some of the direct recruitment candidates have already been selected and sent for training.” 8. The appellant in SPA No.35 of 2017 is a person who has applied pursuant to the advertisement and she figures at S.No.93. Shri Piyush Garg, learned counsel appears for the appellant in the said case. The case of the appellant in this special appeal is that the learned Single Judge should have appreciated the context in which the Government Order came to be issued. There was the perceived necessity to deal with the offences against women. Special Recruitment Drive was found necessary. Under the Special Recruitment, apparently it was contemplated that there should be Women Police Sub Inspectors in all the Police Stations. If the direction of the learned Single Judge is complied with, the result would be that instead of having direct recruits in all the 108 posts, which would be created as supernumerary posts, 54 would be filled up by Women Constables/Head Constables. This would again create vacancies at the level of Women Constables and Head Constables to the extent when they get promotion. This would certainly not sub serve the purpose sought to be achieved by the Government Order, which was intended to go in for a special drive and to immediately recruit women as Sub Inspectors. As far as the question relating to adjustment of the supernumerary posts in the cadre is concerned, which is in fact mentioned in the G.O., our attention is drawn to paragraph 12 of the counter affidavit. As far as the question relating to adjustment of the supernumerary posts in the cadre is concerned, which is in fact mentioned in the G.O., our attention is drawn to paragraph 12 of the counter affidavit. It reads as follows: “12.That the contents of para 19 of the writ petition are denied it is clarified here that the newly created 108 supernumerary posts of Sub Inspector Civil Police (Women) created vide Government Order dated 28.01.2016 will be adjusted against the vacancies available in further under direct recruitment quota of Sub Inspector Civil Police.” 9. Therefore, it is submitted that the stand before the learned Single Judge was that all the 108 vacancies would be adjusted against the vacancies which arise in the cadre, meant under the 1998 G.O. for direct recruitment. This would also be in tune with the objective sought to be achieved in the special drive for appointing Sub Inspectors and it will also have the effect of avoiding the vacuum which would be created at the bottom level of the hierarchy by virtue of promotion to the post of Sub Inspector from the cadre of Constables/Head Constables. 10. SPA No.61 of 2016 is filed by a male Police Constable. Shri Sandeep Adhikari, Advocate appears for the appellant. He filed the appeal with leave. His contention is that the learned Single Judge has erred in not noticing that on the reasoning adopted by him namely the 1998 G.O., providing for 50% quota for promotion and 50% quota for direct recruitment, does not make any special allowance for women. In the 50% quota, meant to be filled up by promotion, the Government Order does not contemplate that it is to be exclusively filled up by women constables. Male constables are also entitled to participate in the promotional exercise and be considered. By the direction given by the learned Single Judge, the result would be to deprive the right of the male constables to be considered in the promotional quota along with the female constables, which is impermissible. He also submits that the learned Single Judge should have found that even the 08 vacancies in the promotional quota, to be filled up by women police constables, is contrary to the said G.O. In other words, if promotion exercise is undertaken, it should be undertaken giving an equal opportunity to both women and men Police Constables and Head Constables. He also submits that the learned Single Judge should have found that even the 08 vacancies in the promotional quota, to be filled up by women police constables, is contrary to the said G.O. In other words, if promotion exercise is undertaken, it should be undertaken giving an equal opportunity to both women and men Police Constables and Head Constables. This is not being done and thus the impugned order cannot be sustained. 11. SPA No.69 of 2017 is also filed by women Police Constables and Head Constables. They are represented by Shri Bhagwat Mehra, Advocate. The contention taken in this appeal is that a modification may be made to the judgment and it may be directed that in view of the increase in the number of posts to be filled up by promotion on the basis of direction, a fresh notification be issued in which they may also be entitled to apply. It is also the contention that in view of the direction given, they will be otherwise deprived of their right of fair treatment. In short, their case is that in view of the increase in the promotional quota from 08 to 62 by addition of being one-half of 108 (54+54), in respect of those vacancies, a fresh notification may be issued. 12. Per contra, Shri Vinay Kumar, learned counsel appearing for the writ petitioners in all these cases, would defend the judgment of the learned Single Judge. He submitted that, as was the case before the learned Single Judge, there is nothing in the order dated 28.01.2016 to the effect that the special recruitment is to be effected by way of direct recruitment only. He also referred to the fact that what is mentioned is that there is temporary increase in the strength. He also adverts to the clause that there will be increase in each cadre. Before us, he would submit that under the 1998 G.O., 50% is to be filled up by promotion; it should be understood that the Government did not contemplate that special recruitment is to be effected only through direct recruitment, it can be through promotion also. 13. Mr. Paresh Tripathi, learned Chief Standing Counsel appearing for the State also, in fact, would submit that the intention of the Government was to go in for direct recruitment. 14. 13. Mr. Paresh Tripathi, learned Chief Standing Counsel appearing for the State also, in fact, would submit that the intention of the Government was to go in for direct recruitment. 14. During the course of arguments, we noticed that certain communications were referred to in the order dated 28.01.2016. We called for the files and we are being provided the translated copies of all the communications, except the communication dated 18.09.2016. 15. In order to appreciate the contentions of the parties, it is necessary to advert to the communications. The substance of the communication dated 18.09.2016 is that the Additional Secretary, Home writes to the Director General of Police, asking for clear proposals for the creation of posts of Sub Inspector Civil Police (Women). To the same, the following communication was addressed by the Additional Director General of Police on 23.09.2015. Since much may turn on the said communication, we extract the communication dated 23.09.2015:- “From, Additional Director General of Police, Administration, Uttarakhand. To, Principal Secretary, Home, Govt. of Uttarakhand, Dehradun. NO. DG-7-22-2008(3) Dated : September 23,2015 Sir, Please refer to the letter No. 847/XX-7-01(14)/2002 dated 18.09.2015 of the Government, which was in respect of providing proposal on 03 points as per decision taken in the meeting dated 16.09.2015 under the Chairmanship of Chief Secretary, Government of Uttarakhand regarding posting of Women Sub Inspector in each Police Station of the State through special recruitment pursuant to sanction for special recruitment of women against the post of Sub Inspector in Police Department. 2-In respect of above the point wise report is as under:- Point No.1 (1) Required number of Women Sub Inspector in 64 Police Station of Plane as per Posting of 02 women Sub Inspector in each of the Police Station. 128 (2) Required number of Women Sub Inspector in 89 Hill Police Stations as per cluster-wise Women Sub Inspector. 2-In respect of above the point wise report is as under:- Point No.1 (1) Required number of Women Sub Inspector in 64 Police Station of Plane as per Posting of 02 women Sub Inspector in each of the Police Station. 128 (2) Required number of Women Sub Inspector in 89 Hill Police Stations as per cluster-wise Women Sub Inspector. 45 (3) Details in respect of place of posting of women Sub Inspector:-Require number of Women Sub Inspector in 14 Women Help Lines according to posting of 02 Women Sub Inspector in each: 28 Required number of women Sub Inspector in 02 Women Police Station according to posting of 03 women Sub Inspector in each: 06 Required number of Women Sub Inspector in State Women Commission: 01 Required number of Women Sub Inspector in State Human Rights Commission: 01 Required number of Women Sub Inspector in State Women Helpline Cell, Police Headquarter: 04 Required number of Women Sub Inspector according to 08 Anti Human Trafficking Unit/Each Unit in Cell/02 Women Sub Inspector in Cell. 16 (4) As such as per Point 01, 02 and 03 the total Women Sub Inspector required in Police Department 229 It is to inform that against the total population of Uttarakhand State, 40% are women, but against the total sanctioned strength in Uttarakhand Police Department, only 6.98 Women Officers are available and against the population of the State the percentage of Women Officer in the Police Department is 0.03. At present, due to increase of participation of women in day public movement in Uttarakhand State, for prevention of crime against women, incident of eve teasing, for providing counseling to victim women and for providing more opportunity of service to the women in Police Department, it is necessary to increase the number of women in Police Department through direct recruitment. Point No. 2 For 20 percent Leave & training reserve. - 46 Point No.3 Sl.No. Details regarding posting of women Sub-Inspectors Required number of Women Sub-Inspector 1 For Hilly Police Station 45 2 For Plane Police Station 128 3 Additional posts in view of 20% of Leave & training reserve etc. Point No. 2 For 20 percent Leave & training reserve. - 46 Point No.3 Sl.No. Details regarding posting of women Sub-Inspectors Required number of Women Sub-Inspector 1 For Hilly Police Station 45 2 For Plane Police Station 128 3 Additional posts in view of 20% of Leave & training reserve etc. 46 4 For the Units of necessary posting of Women Sub-Inspectors 56 Total 275 5 At present total available Women Sub-Inspector Civil Police 152 6 Necessity of Additional Women Sub-Inspectors 123 3- Thus, please as per aforesaid, by according approval for creation of 123 additional posts of Sub Inspector Civil Police in Police Department, permission be granted for special requirement of women against those posts, so that after making special recruitment of Women Sub Inspector Civil Police, they may be posted in all Police Stations of the State after their training. Yours, Sd/ (R.S. Meena) Additional Director General of Police, Administration, Uttarakhand Copy to: Additional Secretary, Home, Uttarakhand for information and necessary action pursuant to Govt. Letter No. 847/XX-7-01(14)/2002 dated 18.09.2015 16. The next communication was issued by the Director General of Police to the Principal Secretary, Home on 05.10.2015. The translation of the same, made available to us, reads as follows: “B.S. Sidhu Director General of Police I.P.S. Uttarakhand Date: 05/10/2015 Dear, Please take reference to the evenly numbered letter dated 23.09.2015 of the Headquarter, which is in reference to the letter no. 847/XX-7/2015-01(14)/2002 dated 18.09.2015, whereby proposal has been sent to the Government after granting sanction for creation of 123 additional posts of Sub Inspector, these posts are to be filled by special recruitment of women. 2. The Headquarters earlier by its evenly numbered letter dated 23.09.2015 requested for granting approval for creation of 123 posts of Sub Inspector in the Police Department by calculating the posts regarding posting of 02 Women Sub Inspector in each Police Station in plane area, 01 Women Sub Inspector in two Police Station in hill area for ensuring posting of Women Sub Inspector at places of compulsory postings of women and 20% additional posts as per norms in view of Women Sub Inspectors going on leave/training reserve. 3. Notable would be to mention here that the Hon’ble Chief Minister has expected that posting of one Women Sub Inspector is posted in every Police Station of the State be ensured. 4. 3. Notable would be to mention here that the Hon’ble Chief Minister has expected that posting of one Women Sub Inspector is posted in every Police Station of the State be ensured. 4. As per above norms for ensuring posting of 01 Woman Sub Inspector in every Police Station in hill area, 44 additional Women Sub Inspector and 09 posts in ratio of 20% of these posts for leave/training reserve, the total posts comes to 53. By including these posts in the earlier proposals which have been forwarded, 176 posts of Sub Inspector Civil Police is required to be created for which approval is required. 5. Thus, as per above description after granting approval for creation of 176 additional posts of Sub Inspector Civil Police in Uttarakhand Police, permission may be granted to make special recruitment from women against these posts in place of request made by the Headquarter by its evenly numbered letter dated 23.09.2015 for creation of 123 additional posts of Sub Inspector Civil Police. The copy of the evenly numbered letter dated 23.09.2015 is enclosed for ready reference. Yours, Sd/- (B.S. Sidhu) Smt. Manisha Panwar, Principal Secretary, Home, Govt. of Uttarakhand. Enclosure: As above.” 17. This is followed further by the communication dated 03.12.2015 by the Inspector General of Police to the Additional Secretary, Home. It reads as follows:- “From, Deepam Seth, Inspector General of Police, Headquarters, Uttarakhand, Dehradun. To, Additional Secretary, Home, Govt. of Uttarakhand. No.: DG-Seven-29(1)-2015 Dated 3rd December, 2015 Sub:- Regarding creation/special recruitment on 738 newly created posts of Women Constable (Civil Police/PAC) and 176 posts of women Sub Inspector (Civil Police). Sir, Kindly take note of the evenly numbered letter dated 29.09.2015, letter dated 05.10.2015 of the Headquarters on above subject, whereby against the creation of 738 total new posts of women constables (596 for Civil Police and 142 PAC) by making recruitment in single selection and granting permission for creation of 176 additional posts of Sub Inspector Civil Police, it has been expected that the permission would be granted by the Government for creation of 176 additional posts of Sub Inspector Civil Police in Uttarakhand Police Department, permission would be granted for making special recruitment of women against these posts. 2- Pursuant to the aforesaid proposal, orally the Government has expected from the department to provide the details of the total strength, availability and vacancies of Constable Male/Female and Sub Inspector Male/Female in the Police Department. 3- In the above matter the details (Appendix 1 and 2 are enclosed) containing the details of the cadre strength, availability and vacancies of Constables Male/Female/PAC and Sub Inspector Male/Female at present in the Police Department is enclosed and forwarded so that in terms of the announcement made by the Hon’ble Chief Minister regarding recruitment of women constables on 1000 vacancies, a Govt. Order is issued on priority basis for creation of 1000 separate posts of women constables in addition to the previously created posts of Constable in the Police Department and the recruitment is made in single selection. In addition thereto permission may be granted for creation of 176 additional posts of Sub Inspector Civil Police Women and Govt. permission be granted for making special recruitment of women against these posts. Enclosure: As above Sd/- Deepam Seth Inspector General of Police, Headquarters Uttarakhand, Dehradun” 18. It is, thereafter, that adverting to the order dated 05.10.2015 and letter dated 03.12.2015 that the order dated 28.01.2016 came to be issued. Translation of the same reads as follows: No…………/XX-7-2015-1(14)/2002 T.C. From, Dr. Umakant Panwar Principal Secretary Uttarakhand Government To, Director General of Police Uttarakhand Home Department-7 Dehradun Dated 28 January 2016 Subject: In respect of creation of 108 supernumerary temporary posts for posting of Sub Inspector Women Civil Police in each police station of the State. Sir, By drawing your attention towards your semi Government letter no.DG-7-22/2008(3) dated 5 October 2013 and letter of Inspector General of Police Head Office Uttarakhand No.DG-Seven-29(1)-2015 dated 3 December 2015 in respect of aforesaid subject, I have been directed to state that the for curbing the offences, incidents of teasing against women of the State and for providing counseling to the victim women, the Governor graciously grants his consent for recruitment of sub inspector civil police on total 150 posts by including 42 vacant posts and by creation of 108 supernumerary posts (pay scale 9300-34800 grade pay 4600/-) under a special recruitment programme till 29.09.2016 if not completed prior to that under the following restrictions: (1)The 108 supernumerary posts being so created shall be adjusted against future vacancies in each sub inspector cadre. (2)While obtaining consent of the finance department for continuity in the future years, the administrative department shall present its proposal for continuity only in respect of the left over posts after adjusting the supernumerary posts against the vacancies of that concerned year. (3)The newly created posts in the above manner shall be considered to be temporary increase in their cadre and the dearness allowance and the other allowances sanctioned by the State Government from time to time in respect of these posts shall be permissible in accordance with the rules. (4)The income expenditure in this respect shall be debited under unit of appropriate standard head under grant no.10 under account head no.2055-police-00-109-District Police 03District Police (Main). 2- This order is being issued with the consent of finance department granted by them in their non government letter no.213 NP/XXVII(5)/2015-16 dated 28 January 2016. Regards (Dr. Umakant Panwar) Principal Secretary Copy forwarded to following for information and necessary action: 1-Accountant General A&E Uttarakhand Dehradun. 2-Principal Secretary/Secretary Finance, State of Uttarakhand. 3-Commissioner Kumaon/Garhwal Mandal, Uttarakhand. 4-All District Magistrate/Senior Superintendent of Police/Superintendent of Police, Uttarakhand. 5-All Senior Treasury Officers/Treasury Officers, Uttarakhand. 6-N.I.C. Secretariat, Uttarakhand. 7-Personal Department-2/Finance Department- 5/Home Department-8. 8-Guard File. By order of Dharmendra Singh Additional Secretary” 19. On the basis of the same, on the very next day, the advertisement was issued. It reads as follows:- “Police Headquarters Director General, Uttarkhand, Dehradun No. DG.-One-201/2016 Date : January, 2016 ADVERTISEMENT Subject : Conducting of Women Sub Inspector, Civil Police Direct Recruitment Examination-2016 against newly created Posts of Sub Inspector Civil Police in Uttarakhand Police Last Date for submission of Application Form : Date 01.03.2016 In pursuance of the Govt. Order No. 161/XX-7-2015-1(14)/2002 TC dated 28.01.2016, in Police Department application forms are invited for selection on 150 posts of Women Sub Inspector Civil Police direct recruitment (Pay Scale Rs. 9300-34800 Grade Pay Rs.4600). Before issuance of final merit lists, number of posts can be increased or decreased as per necessity. Sl. No. District Place of submission of Application Form Sl.No. District Place of submission of Application Form 1. Uttarkashi Office of Superintendent of Police, Uttarkashi 7 Haridwar Office of Senior Superintendent of Police, Haridwar 2. Tehri Garhwal Office of Superintendent of Police, Tehri Garhwal 8 Almora Office of Superintendent of Police, Almora 3. Chamoli Office of Superintendent of Police, Chamoli 9 Bageshwar Office of Superintende nt of Police, Bageshwar 4. Uttarkashi Office of Superintendent of Police, Uttarkashi 7 Haridwar Office of Senior Superintendent of Police, Haridwar 2. Tehri Garhwal Office of Superintendent of Police, Tehri Garhwal 8 Almora Office of Superintendent of Police, Almora 3. Chamoli Office of Superintendent of Police, Chamoli 9 Bageshwar Office of Superintende nt of Police, Bageshwar 4. Rudraprayag Office of Superintendent of Police, Rudraprayag 10 Champawat Office of Superintende nt of Police, Champawat 5. Pauri Garhwal Office of Superintendent of Police, Pauri Garhwal 11 Pithoragarh Office of Superintende nt of Police, Pithoragarh 6. Dehradun Office of Senior Superintendent of Police, Dehradun 12. Nainital Office of Senior Superintende nt of Police, Nainital 13. Udham Singh Ngar Office of Senior Superintende nt of Police, Uhdam Singh Nagar 3- The government can keep any post vacant or in abeyance and vacancies are also changeable. The procedure regarding selection will be controlled, operated and supervised by the Uttarkhand Police Headquarters. The information regarding minimum qualification and Physical and Written Examination and etc. in respect of selection examination is mentioned in following paragraphs:- 4- As per above the candidates will be selected for training of Sub Inspector Civil Police in fixed numbers. During period of training the trainees will be paid the stipend of Rs.3,500/- per month in place of salary/allowances. After successfully completing the prescribed training they selected candidates will be temporarily appointed in Pay Band-2 Rs. 9300-38400 with Grade Pay of Rs.4600/- 5-Education Qualification: (A) Candidate must have qualified the Graduation or equivalent qualification from any recognized University. (B) The employees who have been discharged from Army, the qualification would be Intermediate. 6-AGE Limit 1- The age of the women applicants as on 1-1-2016 should not be less than 21 years and not more than 26 years i.e. their date of birth should be before 1-1-1988 and should not be after 1-1-1995. 2- The relaxation of 5 years will be provided in maximum age limit to the women candidates of Other Backward Class/Scheduled Caste/Scheduled Tribe/Dependent of Freedom Fighter (on production of certified copy of the Certificate issued by the competent authority). 3- Ex-Serviceman will be provided relaxation of 03 years after deduction of the service rendered by them in Army from their actual age. 3- Ex-Serviceman will be provided relaxation of 03 years after deduction of the service rendered by them in Army from their actual age. 4- Dependent of the soldiers who died in the battle in Army (widow/son/daughter) will be entitled for relaxation in maximum age limit on the basis of certification issued by the Army, as per the Govt. Order No. 1042/XXX(2)/2008 dated 20-08-2008 by the Center Incharge on the basis of merits and demerits and necessity. 5-Homeguards who have completed 03 years of regular service on 1-1-2006 will be entitled for relaxation of 05 years in the maximum age limit on production of the certificate issued by competent authority (District Commandant Homeguards).” 20. Still further, the corrigendum dated 18.02.2016 was issued, which reads as follows:- “Police Headquarters Director General, Uttarkhand, Dehradun No. D.G.-1-201/2016 Date : February 18, 2016 CORRIGENDUM Subject : Amendment in number of posts in view of direct recruitment of Women Sub Inspector, Civil Police in Uttarakhand Police Department. By the above numbered Advertisement dated 29.01.2016 the Headquarter invited application forms for direct recruitment on 150 posts of Women Sub Inspector, Civil Police. 2-It is clarified by making partial amendment in the above advertisement that the direct recruitment on the post of Women Sub Inspector Civil Police will be completed on 140 posts instead of 150 posts. Therefore, the even number advertisement dated 29.01.2016 should be treated as amended to this extent. 3-All other eligibility/conditions of recruitment process will be as per the above numbers Advertisement dated 29-01-2016 of the Headquarters. Sd/- (R.S. Meena) Additional Director General of Police Uttarakhand And finally, the advertisement/circular is issued on the selfsame day, which purports to provide for selection in respect of 08 posts for the employees of the department to be filled up by departmental examination (in other words, by promotion). Police Headquarters Director General, Uttarkhand, Dehradun No. DG.-1-201-/2016 Date : February, 18 2016 To, 1-Additional Director General of Police, Intelligence/Security, Uttarakhand. 2-Inspector General of Police, Garhwal Region. 3-Inspector General of Police, Kumaon Region. 4-Deputy Inspector General of Police, Crime Investigation Department. 5-Principal, Police Training College, Narendra Nagar, Tehri Garhwal. 6-Deputy Inspector General of Police, Vigilance Establishment Director, Uttarakhand. 7-All Senior/Superintendent of Police (Incharge District), Uttarakhand. 8-All Commandant, PAC Battalion/IRB/ATC/SDRF, Uttarakhand. 9-Superintendent of Police (Regional) Intelligence, Dehradun /Haldwani. 10-Sector Officer, Crime Investigation Department, Sector Dehradun/ Haldwani. 11-Sector Officer, Vigilance Establishment, Sector Dehradun/Haldwani. 12-Reserve Inspector, Police Headquarter, Uttarakhand. 5-Principal, Police Training College, Narendra Nagar, Tehri Garhwal. 6-Deputy Inspector General of Police, Vigilance Establishment Director, Uttarakhand. 7-All Senior/Superintendent of Police (Incharge District), Uttarakhand. 8-All Commandant, PAC Battalion/IRB/ATC/SDRF, Uttarakhand. 9-Superintendent of Police (Regional) Intelligence, Dehradun /Haldwani. 10-Sector Officer, Crime Investigation Department, Sector Dehradun/ Haldwani. 11-Sector Officer, Vigilance Establishment, Sector Dehradun/Haldwani. 12-Reserve Inspector, Police Headquarter, Uttarakhand. Subject: Holding of Special Examination Process for Ranker Women Sub Inspector Civil Police Last date for Applying 17-3-2016 By the Govt. Order No. 161/XX-7-2015-1(14) 2002 dated 28-01-2016 for posting of Women Sub Inspector Civil Police in each Police Station of the State, permission has been granted for recruitment of Sub Inspector Women Civil Police under Special Recruitment Drive on total 150 posts by including 42 vacant posts of Sub Inspector in the department and by creating 108 supernumerary posts. In pursuance to the said Govt. Order and the advertisement dated 29-01-2016 and even numbered corrigendum dated 18-02-2016 regarding direct recruitment of Women Sub Inspector Civil Police, in furtherance thereof examination process is initiated for selection on 08 departmental posts of Ranker Women Sub Inspector Civil Police trainees for undergoing training by inviting application forms from Women Head Constables/Constables who fulfills the following eligibility conditions:- 1-Eligibility- Women Head Constables/Constables of Civil Police/Armed Police/PAC/LIU will be eligible for participating in Ranker Sub Inspector Examination who fulfills the following eligibility conditions:- (1)Age: should not be above 45 years on the first day of January of the selection year i.e. 1-1-2016. (2)Experience: Must have completed at least 03 years of service from the date of recruitment in the Police Department on the first day of January of the selection year i.e. 1-1-2016. 21. When these communications were made available, Shri Vinay Kumar, learned counsel for the writ petitioners would then submit that 08 posts have been made available for women constables. Proceeding on the basis of that, it was meant to be filled up by direct recruitment. 108 posts were to be filled up by direct recruitment. He posed a question from where the 08 posts came. That there has been 08 posts earmarked for the women constables, would mean that there has been a modification/interference in whatever decision has been taken earlier. 22. 108 posts were to be filled up by direct recruitment. He posed a question from where the 08 posts came. That there has been 08 posts earmarked for the women constables, would mean that there has been a modification/interference in whatever decision has been taken earlier. 22. It is true, as contended by the learned counsel for the writ petitioners Shri Vinay Kumar, that, in the Government Order dated 28.01.2016, what is mentioned is that the Government has created 108 supernumerary posts of Sub Inspector Civil Police (women).It is equally true that there is no mention that special recruitment is to be achieved by way of direct recruitment, as contended by the learned counsel for the writ petitioners. Ordinarily, when Government goes in for special recruitment, it is intended to be filled up by direct recruitment, but that is not to say that Government cannot go in for special recruitment by other modes. See in this regard, for instance, judgment of Hon’ble Supreme Court 1993 Supp (2) Supreme Court Cases Page 600. 23. Therefore, the mere use of the word ‘Special Recruitment’ by itself may not be sufficient to non-suit the writ petitioners but when the Government Order was issued, there were communication addressed between the Government and the Police Authorities, as we have noticed. From the communication dated 18.09.2015, it is clear that the Government wanted to proceed to fill up posts in the cadre of Sub-Inspector by women. Exact proposals were solicited. The proposals came in the form of communication dated 23.09.2015, which we have extracted. A perusal of the same would make it clear that there was a shortage of women police officers in the State. It would appear that against the total population in the Uttarakhand State, 49% are women (wrongly shown as 40% in the translation). As against the same, only 6.98 women officers are available and, therefore, percentage of women officers is 0.03. The need was felt to prevent crime against the women, incidents of eve teasing, participation of women in day-to-day public dealing in Uttarakhand, providing counseling to the women victims and more opportunity of service to women in the police department, it is necessary to increase the number of women in Police Department through direct recruitment. The need was felt to prevent crime against the women, incidents of eve teasing, participation of women in day-to-day public dealing in Uttarakhand, providing counseling to the women victims and more opportunity of service to women in the police department, it is necessary to increase the number of women in Police Department through direct recruitment. This letter is followed by the letter dated 05.10.2015 written by the Director General of Police, Uttarakhand, who, it may be noted, has referred to this letter dated 23.09.2015. This is followed by letter dated 03.12.2015 and it is communication dated 05.10.2015 and 03.12.2015, which are specifically adverted to in the order dated 28.01.2016. As we have noticed, letter dated 05.10.2015 specifically adverts to the communication dated 23.09.2015. Therefore, we can safely conclude that the intention of the Government was to create 108 supernumerary posts of Sub Inspector Women and they were to be filled up by way of special recruitment and the special recruitment was to be done by way of direct recruitment. 24. We are reinforced in this conclusion, when we appreciate the argument of Shri Sandeep Adhikari, Advocate in Special Appeal No. 61 of 2017 filed by the male police constable. His complaint is that if the reasoning of the learned Single Judge is to be upheld as it is, it would result in a situation where 50% of 108 vacancies are to be filled up by way of promotion in terms of the 1998 G.O. but they have to be filled up by filling all the posts by promoting only the women constables. This would be in the teeth of 1998 G.O., which does not provide for exclusivity to women in the matter of filling up of 50% promotional quota. Men and women are equally entitled to participate in the promotion. If we were to allow the appeal filed by the male candidate in tune with the mandate of 1998 G.O., we will have to necessarily consider the impact of the order dated 28.01.2016, as also the advertisement issued thereunder. The result of accepting the appeal filed by male police candidate would be that the intention of the Government to fill up all the 108 posts by appointing women will clearly stand defeated. Therefore, we would think that the intention was to appoint women Sub Inspectors through the mode of direct recruitment. The result of accepting the appeal filed by male police candidate would be that the intention of the Government to fill up all the 108 posts by appointing women will clearly stand defeated. Therefore, we would think that the intention was to appoint women Sub Inspectors through the mode of direct recruitment. We cannot be oblivious to the argument of Shri Piyush Garg, Advocate that allowing it to be filled up by the mode canvassed by Shri Vinay Kumar, Advocate, would also result in creation of vacancies in the cadre of women constables and women Head Constables, and whereas direct recruitment is permitted, the result would be that State of Uttarakhand would be blessed with women as Sub Inspectors in virtually all the police stations and the women Constables/Head Constables would continue as such, simultaneously, resulting in the police stations being equipped with women officers both at the level of Sub Inspectors and Constables/Head constables. 25. We have already noticed that the problem of assimilation of these supernumerary posts into the cadre has been taken care of by the stand of the Government in paragraph 12, which we have extracted. In other words, by taking the view that we are taking, all the 108 posts are to be filed up by direct recruitment and by taking note of the stand of the Government that the 108 vacancies would be absorbed against the direct recruitment quota, we can safely allay the apprehension of the women Constables/Head Constables that this will be an intrusion into their quota (the promotion quota). In other words, all the 108 vacancies will be adjusted only against the direct recruitment quota and no single vacancy, out of 108 posts, will be adjusted against the promotion quota. 26. As regards the contention of Shri Vinay Kumar, Advocate that it is mystifying, as to how the 08 posts have been taken out of 108 posts and still it would be contended that the earlier decision of the Government stands, since we have noticed that originally 150 posts were ordered to be filled up by the order dated 28.01.2016. As far as 34 vacancies are concerned, there is no dispute raised by Shri Vinay Kumar, insofar as, he does not dispute that 34 vacancies are those vacancies which arise under the 50% quota in terms of the 1998 G.O. to be filled up by way of direct recruitment. As far as 34 vacancies are concerned, there is no dispute raised by Shri Vinay Kumar, insofar as, he does not dispute that 34 vacancies are those vacancies which arise under the 50% quota in terms of the 1998 G.O. to be filled up by way of direct recruitment. It is a backlog which is sought to be cleared. It appears that, on issuance of the Government Order, women constables approached the police authorities. Thereupon, it was that the corrigendum was issued on 18.2.2016. Accepting the complaint partly, the corrigendum was being issued, which shows that 08 posts of Sub-Inspector (Women) are to be filled up in terms of the 1998 G.O., apparently by way of departmental promotion. It is noteworthy that petitioners have not challenged the said corrigendum. 27. In fact, Shri Paresh Tripathi, learned C.S.C. would also point out that 08 posts have been carved out, out of 42 posts and not out of 108 posts. The same argument has been addressed by Shri Piyush Garg, Advocate with reference to para 14 of the counter affidavit, which reads as follows:- “14. That the contents of para 23 of the writ petition are denied. It is stated that in pursuance of Government Order dated 28.01.2016 against the earlier vacant 42 posts 08 posts are came under the Rankers Sub Inspector Examination quota, therefore, these 08 posts the process of selection is initiated under the Special Recruitment Drive.” 28. Therefore, this argument also may not assist the learned counsel for the writ petitioners. The upshot of the discussion is that we must necessarily hold that the learned Single Judge was in error in directing that direct recruitment is to be limited for 54 posts, out of 108 posts, and 54 posts out of 108 posts, must be filled by way of promotion by appointing women constables. We have already noticed the anomaly involved in the direction when we noticed the appeal filed by the male police candidate. 29. We must also notice that one contention of Shri Vinay Kumar, Advocate that the appellant in SPA No. 35 of 2017 has approached this Court after sitting on the fence, namely, it is his case that she did not approach the learned Single Judge; she did not seek to intervene or get herself impleaded and it is only, at this late stage, this appeal was filed. The answer to the same given by Shri Piyush Garg, Advocate is that actually the appellant should have been impleaded by the petitioners having regard to the relief which was sought. The case of the appellant, apparently, is that if the judgment of the learned Single Judge had not come, the appellant may have passed muster if she was considered for appointment, but he points out that appellant would come within 108 candidates if direct recruitment is the exclusive mode. We would think that we cannot say that there is no standing with the appellant nor can we non-suit the appellant on the basis that she comes only at the appellate stage and maintains the appeal with leave. 30. As far as appeal filed by the male candidate is concerned, Mr. Sandeep Adhikari, Advocate would submit that the learned Single Judge was wrong in directing that 08 posts must be filled up by way of appointment by women constables. 31. We have to notice that it is not as a result of the judgment of the learned Single Judge that 08 posts of women candidates are to be filled up by promotion as ordered. This is done on the basis of the corrigendum issued and this corrigendum has not been challenged by the appellants and, therefore, without challenging it, we cannot possibly grant relief to the appellants in the appeal filed with leave against the judgment. 32. Therefore, having regard to the view taken in SPA No.35 of 2017, necessarily the appeal filed by Shri Sandeep Adhikari, Advocate must fail. The appeal filed by Shri Bhagwat Mehra, Advocate is also based essentially on partly maintaining the reasoning of the learned Single Judge, namely, that 1998 G.O. entitles women constables also to be considered for promotion in respect of the 108 supernumerary posts. This reasoning of the learned Single Judge has not found approval with us, as noticed in our judgment. If that is so, the appeal filed by Mr. Bhagwat Mehra, Advocate also must fail. Consequently, Special Appeal No. 35 of 2017 will stand allowed. The judgment of learned Single Judge will stand set-aside. Writ petition will stand dismissed. SPA No.61 of 2017 and SPA No.69 of 2017 will also stand dismissed. 33. There will be no order as to costs.