High Court of Gujarat
GUJARAT RAJYA POLICE A.S.I./ HEAD CONSTABLES ASSOCIATIONversusSTATE OF GUJARAT
- Decided
- Disposal
- 47-DISPOSAL IN ANY OTHER MODE FH
- Bench
- ANIRUDDHA P MAYEE
Holding
The court directed that any fresh application for recognition filed by the petitioner association must be considered by the DGP on its merits within twelve weeks, without expressing any opinion on the merits itself.
Summary
The Gujarat Rajya Police ASI/Head Constables Association filed a special civil application seeking recognition of an association for Assistant Sub‑Inspectors, Head Constables and Constables, after an earlier application for the same was rejected by the Director General of Police on 12 September 2007. Relying on a 2006 judgment that a withdrawn recognition does not permanently bar a fresh application, the petitioners asked the court to direct the DGP to consider a new application on its merits and not on technicalities. The court, after hearing submissions, ordered that if the association files a fresh application, the DGP must adjudicate it on its merits within twelve weeks, in accordance with the Police Forces (Restriction of Rights) Act, 1966. The court expressly stated that it did not examine the merits of the recognition request. Consequently, the present special civil application was disposed of as not pressed, and the rule was discharged, while the writ petition contentions remain open.
Issues considered
- Whether a prior rejection of an application for recognition of a police association bars a fresh application under the Police Forces (Restriction of Rights) Act, 1966.
- Whether the High Court can direct the Director General of Police to consider a fresh application on its merits and within a specified time‑frame.
Legislation cited
Subjects
- Police association recognition
- Administrative law
- Statutory duty
- Fresh application
- Procedural fairness
Judgment
C/SCA/27214/2007 ORDER DATED: 21/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 27214 of 2007
==========================================================
GUJARAT RAJYA POLICE A.S.I./ HEAD CONSTABLES ASSOCIATION &
ANR.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR SUBRAMANIAM IYER(2104) for the Petitioner(s) No. 1
APPEARANCE DELETED for the Petitioner(s) No. 2
NOTICE SERVED for the Petitioner(s) No. 2
DR. VENUGOPAL PATEL AGP for the Respondent(s) No. 1,2
RULE SERVED for the Respondent(s) No. 1,2
==========================================================
CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 21/01/2026
ORAL ORDER
1. By order dated 19.11.2025, learned Assistant Government
Pleader was directed to take instructions as to whether any
recognition is granted to any association in respect of Assistant
Sub-Inspectors/Head Constables/Constables in the Gujarat
Police Force.
2. Upon instructions from Mr. Navneetbhai Haribhai Tandel,
Law Officer, D.G.P. Office, Gandhinagar, who is present in the
Court today, learned Assistant Government Pleader Dr.
Venugopal Patel submits that there is no recognized association
for the rank of Assistant Sub-Inspector/Head
Constable/Constable.
3. Mr. Subramaniam Iyer, learned advocate for the petitioner
submits that the petitioner association had made an application
dated 13.07.2006 seeking recognition of the petitioner
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C/SCA/27214/2007 ORDER DATED: 21/01/2026
association, which came to be rejected by the then Director
General of Police, Gujarat State by order dated 12.09.2007. He
further submits that in view of the judgment of this Court dated
09.03.2006 in Special Civil Application No.432 of 1989, it has
been held that even if the recognition granted to an association
is once withdrawn, it is not withdrawn forever and such
withdrawal of recognition will not disentitle the police ranks to
get recognition afresh for formation of association under changed
circumstances. He submits that since the application by the
petitioner association for recognition has been rejected on
12.09.2007 and substantial time thereafter has passed, the
petitioner association may be permitted to file an application to
the respondent No.2 Director General of Police, Gujarat State for
seeking recognition afresh. He submits that the said application
may be decided on its own merits since large number of
personnel in the rank of Assistant Sub-Inspector/Head
Constable/Constable have been deprived of a recognized
association. He submits that the said application be decided on
its own merits and may not be rejected on technicalities or
requisite formalities. He submits that in view thereof, he will not
press the present Special Civil Application.
4. Considering the submissions, it is directed that if the
petitioner association moves a fresh application for its
recognition for the rank of Assistant Sub-Inspector/Head
Constable/Constable in the Gujarat Police Force to the
respondent No.2 Director General of Police, Gujarat State, then
the respondent No.2 shall consider the same on its own merits
and in accordance with law and in accordance with the scope
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C/SCA/27214/2007 ORDER DATED: 21/01/2026
and purport of the Police Forces (Restriction of Rights) Act, 1966
as expeditiously as possible and preferably within a period of 12
weeks from the date of receipt of such application.
5. It is made clear that this Court has not gone into the
merits of the case nor any opinion is expressed thereon.
6. The present Special Civil Application accordingly stands
disposed of as not pressed. Rule is discharged.
7. All the contentions raised in the present writ petition are
kept open.
(ANIRUDDHA P. MAYEE, J.)
KAUSHIK D. CHAUHAN
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAUSHIKKUMAR DINESHCHANDRA CHAUHAN(HC00197), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 21/01/2026 17:27:21
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