By Lakmal Sooriyagoda   

The Supreme Court in a judgement delivered on Wednesday (23) has held that the category of special promotion which granted discretionary power to the IGP in a scheme of recruitment adopted in 2020, is violative of the fundamental rights of Police Officers.  

Supreme Court three-judge-bench comprising Justices Gamini Amarasekara, Kumuduni Wickremasinghe and Mahinda Samayawardena delivered this judgment in connection with two fundamental rights applications filed by 164 Sub Inspectors of Police.   

The Supreme Court held that the discretionary power granted to the IGP in respect of special promotion category comprising 12.5% of the total vacancies, is violative of the fundamental rights of the petitioners guaranteed by Article 12(1) and Article 14(1)(g) of the Constitution.

   
The Police Sub Inspectors filed these petitions making the IGP and the members of the Public Service Commission (PSC) respondents, alleging violation of fundamental rights guaranteed under Articles 12(1) and 14(1)(g) of the Constitution by the adoption of the Scheme of Recruitment for promotion from the rank of Sub Inspector to the rank of Inspector of Police.   
However, the Supreme Court further held that the seniority category, limited examination category and merit category stipulated in the Scheme of Recruitment are not violative of Article 12(1) and Article 14(1)(g) of the Constitution. 

• The seniority category, limited examination category and merit category  stipulated in the Scheme of Recruitment are not violative of Article  12(1) and Article 14(1)(g) of the Constitution