The Supreme Court has arranged that in promotion of the post of Constable Driver to Head Constable Driver in UP Police, it is very important for the candidates to go through the selection process, because it is a highly technical post. Saying this, the apex court upheld Rule 10 and 15 of Uttar Pradesh Rules 2015 and dismissed the special permission petition of hundreds of constable drivers.
The case was brought to the Supreme Court by hundreds of employees recruited as constable drivers. He said that after being admitted to the post of constable driver, he should be promoted directly to the post of head constable driver, as he is eligible for it. They should not undergo a re-selection process for this promotion. The court also rejected his argument that he was recruited to the rank of constable and became a constable driver after taking technical qualifications, so the rules for him to undergo the selection process again are against Articles 14 and 16 of the Constitution . However, this petition was rejected by the Allahabad High Court.
Dismissing the special permission petition of Rajesh Kumar Singh etc., a bench of Justice L Nageswara Rao in the Supreme Court accepted the arguments of the UP government and said that they do not see any lacunae in the High Court order. The posts such as Head Constable Driver, Sub Inspector Motor Transport and Inspector Motor Transport are highly technical. Therefore, the rules of the selection process are correct and the court does not see any unconstitutionality in them.