St at eofllaryanadnd ot hers 4 CWP N1 403 of2009 Prem Singh v. St at eofHaryanaand ot hcrs CWP No401 of2010 EHC Kulbir Singhand anot

The ent ire cont roversyrelat es t o t he of Rule 137 oft he Punj abPolice Rules 1934 as applicablet o t he St at eofHaryana and am ended vide Punj ab Police 4aryana Rules 2001 m l 0 Cm hereinaft er referred t o as t he Rules This rule relat es t o Lower School Course and for enlist ingof t he eligibleofScers in List B1 for t heir prom ot ionThe am endedrule subj ectm at t er of debat e in t he CA5 presentwrit pet it ionsis hereunder Z A L C 06 Co C m wo Z Clm 137eSelect ion of candidat esfor adm ission t o courses at t he Police Training List B 6inForm 13 7 shall be m aint ainedby each of Police I t shall include t he nam es of all const ablesselect ed for adm ission t o t he Lower School Course t o be held at t he Police TrainingCollegeSelect ion t o t he list B shall be m ade 111 t he m ont h of Januaryeach yearand shall be lim it ed t o t he num ber of seat s allot t edt o t he dist rict for t he year The num ber C of seat s in Lower School Course in a year shall be on t he basis of exist ingvacancies and t he vacancies likely t o be creat ed wit hin one lI l t he respect iveunit 550I o of t he seat s Um a 2014.04.03 16: 13 Scanned True Copy of Original PHHC,Chandigarh allot t ed t o a unit in t he Lower School Course shall be filled in on t he basis of a com pet it ive Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 77 CWP No914 of2010 5 exam inat ion35I o on t he basis of seniorit y cuneflt nessand 10I o on t he basisof consist ent Gold or SilverMedal in All I ndia Police Meet lNat ionalGam esor displayof braveryduringt he course offlcial dut y Select ionofpersonsagainst55I o seat sin list llower school on t he basis of m erit shall be done by a Prom ot ion Com m it t eeon t he basisofl 1 Exam inat ionof servicesand 2 A t est hereinaft er called B t est lI ll a Prade b Law and pract icalpolicework and 3 An I nt erview 1C 0 0 9 2 V Oll C m v Z C 26i9 All const ables irrespect iveof t heir educat ional qualificat ionsshall be eligible t o appearfor B t est t hey are under t he age of 35 years and have com plet ed5 years of service on 1 day of Januaryof t he year Um a 2014.04.03 16: 13 Scanned True Copy of Original PHHC,Chandigarh which select ion is m ade However Sahil Soni a 2016.03.21 12:25 I attest to the accuracy and integrity of this document 78 CWP No 2914 of2010 6 const able t o reserved cat egory who is recruit ed alt er at t ainingt he age of 27 yearsas per Governm entinst ruct ionslorders t hen he shall be allowed t o appear for m inlm um t hree consecut ive chances aft er offive yearsofservice even has crossed t he age of 35 years up t o a m lnlm um of 10 years 6ii9 All Const ables t heir educat ional shall be eligiblet o be broughton List B seniorit ycum m erlt if t heyare under t he age of 40 years and have 5 years of service on t he flrst day of Januaryof t he year in which select ionis m ade32 The St at e of Haryanaissued inst ruct ionsdat ed 13 022007 t he m inim um m erit t o fulflll t he crlt eria for senior cunvflt ness relyingupont he observat ionsof t his Court in t he case of Naresh Kum ar Vs St at e of Haryana and ot hers CWP No7952 2004 decided on 05112004 Direct or General ofPolice Haryana issued t hese inst ruct ions prescribingm lnim um bench m arks for select ion t o I 3m I list under 35I o quot a The relevant ext ract t he inst ruct ions dat ed 13022007 0AnnexureP 111 CWP No6427 Um a 2014.04.03 16: 13 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document m t 0 0 C Z t C 4 06 C C Z C1 1 Cm 79 49 i CWPNo914 of2010 7 2009 is hereunderl 3 I n view oft he Honble High lI l t he Naresh Kum ar case supra it has been decidedt o flx t he bench m arks for flt nessunder 35I o seniorit ycunit ness quot a The assessm entof service record should be m ade t he basis of educat ion t rainingcourses passedcom m endat ion cert iflcat es and lengt h of service et c as givenin PPR 133 All t he candidat es who obt aina m inim um 31 m arks or m ore would be deem ed select ion ofBl t o be flt seat s against35I o quot aon t he basis of int erse seniorit yof t he candidat esand for all such candidat esint erse seniorit ywould t he sole crit eria for deput ingon t heir t urn under 35I o quot aln vlew of t he explicitorder of High Court Please t ake furt her necessary act ion m C 0 C C d Z t C C 08 t m m m Z r The validit yof t hese inst ruct ions has been upheldby t his 4 Court in Hawa Singh Vs St at e ofHaryana and ot hers CWP No1194 of2005 decided on 14052008 There are t hree set s of writ pet it ionsunder considerat ion The sam e are broadlycat egorisedin t he followingm annerl a9 t he eligibilit yoft he candidat es who appearedin 55I o rnent Um a 2014.04.03 16: 13 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 80 9f 4 CWP No2914 of2010 8 quot aunder Rule 137 6Ot o be consideredfor under 35I o on basis under rule 137 i even if t heyhavefailed under 55I o quot a b considerat ionoft he candidat eswit h less t han 35 years of age as on I st dayof Januaryof t he year in which select ion is m adein 35I o quot aof C 9 lnt eese seniorit yof t he candidat es on t he basis of bench m arks lI l t erm sof DGPs inst ruct ions dat ed 13022007 From t he readingofRule 137 6l it em erges as follows a t hat 55I o oft he seat s allot t ed t o a unit in t he Lower School Course are m eant t o be fllled in t he basis of exam inat lOI l b c 35I o oft he seat s on t he basis 10I o seat s on t he basis of consist ent 111 et c Select ion against55I o quot a 1S t o be m ade by t he Prom ot ional Com m it t ee All t he const ables oft heir educat ional who are less t han 35 years ofageand have com plet ed5 years of servlce on I st dayof Januaryof t he year of select ion are eligiblet o appear for Bl t est under m erit seat s of 55I o quot a m C 0 Ca C5 Z C W2 Z Ll Sim ilarly t he const ables irrespect iveof t heir educat ionalqualiflcat ionhavingcom plet edflve years of service and in t he age of 40 years on Um a 2014.04.03 16: 13 Scanned True Copy of Original PHHC,Chandigarh t he I st day of Januaryof t he year of select ion Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 81 CWP No914 of2010 v9 are eligiblet o be broughton list B1 on t he basis of m erit against35I o quot a Sport spersons under 10I o quot a are t o be considered subj ectt o eligibilit y lI l t he above t wo cat egorles The cont roversyrelat ingt o t he eligibilit yoft he candidat es who failed t o secure t herequisit em erit in t he exam inat ion under 55I o quot a t o be agaln considered under 35I o senioriecun rnerit quot a cam et o be consideredby a Division Bench of t his Court lI l Naresh Kum ars case This Division Bench j udgm entwas before t he Honble Court lI l SpecialLeave t o AppealCivil No10409 of2005 which has been dism issedin lim ine on 10052005 A sim ilar issue cam e up for considerat ionbeforet his Court 10 t he case of Hawa Singh Vs St at eof Harvanaand ot hers CWP No1194 of2005 decided on 14052008 Aft er adm issionoft he wrlt pet it ionbyt he Honble Division Bench t he m at t er was consideredby a learned SingleJudgeof t his Court for final disposalOn 291 1 006 The learned SingleJudge oft his Court was oft he opiniont hat cert ain provlslons of Rule 137 oft he rules were not broughtt o t he not ice of t he Division Bench and on t hat basis a reference was m ade for considerat ion of t he writ pet it ionand ot her connect ed m at t ers by a Division Bench of t his Court The aforesaid writ pet it ioncam et obe heard by a Division Bench oft his Court The HonbI e Division Bench Um a 2014.04.03 16: 13 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document m C 0 C C5 2 C O6 W Z Om C 1 82 ee0 1 CWP No2914 of2010 10 vide it s dat ed 14052008 afflrm edt he rat io Naresh lI l Kum arscase upra wit h t he observat ionsl I n view of t he fact s m ent ioned above t hese 0 wrt t pet it ionsare allowedin t he sam e t erm s as lI l Naresh Kum ars case The direct ed t o deput et he pet it ioner t o t he flrst Lower School Course which will com m ence aft er t he pronouncem ent j udgm entin t his case However The pet it ionershall be deem edt o havequalifiedlI l t he Lower School Course from t he dat e when ot her const ables have qualifiedwhose nam es were approvedt o Lower School Coursevide selectlist AnnexureP1 I t is m ade e clear t hat if by get t ing dat e of passing t he Lower School Course t he pet lt lonerbecam eeligiblefor prom ot iont hen he will get only deem ed benefit s wit hout get t ingany act ual flnancial benefit s ln view of principleof no work no pay laid down by t heir Lordshipsof t he Honble Suprem eCourt lI l Union of I ndia and anot her VS Tarsem Lal and ot hers 2006910 Suprem eCourt Cases m C 0 C C5 2 Q c6 CQ m Z l0m Ce Um a 2014.04.03 16: 13 Scanned True Copy of Original PHHC,Chandigarh 145 95 Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 83 r i CWP No914 of2010 11 Honble t he Division Bench furt her considered t he validit yof t he inst ruct ionsdat ed 13022007 and upheldit s validit ywit h t he following observat ionsl So far as CWP No609 of2007 is concerned lI l t hat writ pet it ionselect list preparedt o undergo Lower SchoolCourse on t he basisof inst ruct ions dat ed 13 022007 as referred t o above has been As has been held earlier above said lnst ruct ions are perfect lyj ust ifledand are 111 consonance wit h t he direct ions issued by t his Court in NareshKum ars supra933 The claim s of som e t he writ pet it ionersfor deput ingt o Lower School Course have been rej ect edon t he groundt hat t heyhaving failedin 55I o m erit quot aare not ent it led t o be consideredfor beingbrought on List B1 in 35I o quot a The claim s ofsom e oft he writ pet it ionershave beenrej ect edfor beingbroughtin List B under 35I o quot aon t he ground W Cr 0 C C4 2 f 06 C Z Clm t hat t heywere of less t han 35 years of age as on I st dayofJanuaryoft he 1 em a yearof select ion I n som e t he claim s have been rej ect edfor I lOll achievingt he m inim um 31 bench m arks in t erm s of t he DGPs inst ruct ions dat ed 1302007 I n Naresh Kum ars case lpra9t heHonble Division Bench ruI ed t he eligibilit yoft he const ables for t heir considerat ion bot h in 55I o and 35I o quot a This j udgm enthas at t ained flnalit y The SLP has also been dism issed by t he Honble Suprem eCourt The rat io of t he said j udgm enthas been reit erat ed ln Hawa SingWscases as also in Const ableDharm bir Vs St at e of Harvana and ot hers 2009 19RSJ 3 10 wherein t he followingobservat ionshave been m adel Um a 2014.04.03 16: 13 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 84 1 i CWP No 2914 of2010 12 13 So t here are t hreedist inct t heir own wit h eligibilit yfor considerat ion There ls no bar t o considerat ionof a const able in any cat egoryif he t he eligibilit ycrlt erla 1ee ifhe is eligiblelI l eall t hree considerat ion in all he has a st at ut oryrightt o t hree The Rules not cat egorizeor requiresom e m lnlm um for eligibilit yunder any oft he What it specifiesis t he upper agelim it a part icularcat egory for considerat ion Despit et hese inst ruct ions cert aln issues referred t o hereinabove have againcroppedUPe The cont roversyregardingt he eligibilit yof candidat esunder 35 years of age for beingbroughton List B for 35I o quot a againcam e up for considerat ionbyanot herDivision Bench oft his Court in Dhannbirs case supra9and Balral Singhand ot hers Vs St at eof Haryanaand ot hers 2009629RSJ 463 I n Dharm birs case supra9 a Division Bench oft his Court held as under 17 A conj ointreadingofbot h t he sulerules would show t hat onlyt he upperage lim it has been prescribed t he and no m lnim um age has been presCribedeit her under sulrule 2 i9 or sulule 2 ii which t neans t hat if a const able fulfills t he requirem entof t he upper 1 0 C C 4r Z C 05 4 2 Z Clm ageand t he ot her qualiflcat ionsprescribedunder Um a 2014.04.03 16: 13 Scanned True Copy of Original PHHC,Chandigarh t he respect ivecat egory as per sulule 2 t here 1S Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 85 f 4 CWP N02914 of2010 13 e1 no bar t o his considerat ionunder each of t hem Meaningt herebya const able who is eligible111 one cat egoryunder Rule 137 can also be considered in t he ot her cat egoryunder Rule 133 2 ii of t he Punj abPolice Rules as t here lS no bircat ion bet ween t he rules as far as t he eligibilit y 1S concerned wit h m inim um regardt o t he age as none is prescribed 18 The m inim um age if prescribedby way of execut lve lnst ruct lonS would go againstt he int erest of t he Const ables who are ot herwise eligibleunder t he st at ut oryRules Rule 13 6ii confers a rightwhich a Const able at t alns on t he basis of his seniorit yin t he service As and when his t urn t o com es based on t he seniorit v a right considerat ion devolves on him This righton t he basis ofhis seniorit ycannot be deprivedon t he basis of execut ive inst ruct ions This would be 111 cont ravent lon t o t he st at ut oryrules and t herefore L 0 C8 C Z r t 08 Co t em 2 Z t l C not sust ainable 22 What em erges from t he above discussions 1S t hat a const able who has com plet ed5 years of servlce t he I st day of Januaryof t he year which t he select ion is m ade is under t he age of 35 years and is eligible for considerat ion Um a 2014.04.03 16: 13 Scanned True Copy of Original PHHC,Chandigarh select ion for includinghis nam e in List l of Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 86 01 CWP N2914 of2010 14e r select edconst ablesfor adm ission t o Lower School Courseunder t he 55I o quot aon t he basis of m erit as per Rule 137 62 oft he Punj abPolice Rules 1934and having in t he t est B l9 and failed or unable t o get enlist m entdue t o lower m erit can also claim considerat ionand select ion under t he 35I o quot a t he basis of seniorit ycum neritas per Rule 133 2 if he 1S eligibleunder bot h t he cat egorles55 As not iced above t he const ableswho have at t ainedm inim um 31 benchm arksunder 35I o quot ahave been ignoredand t heirj uniorswere t o t he course on t he groundt hat t heyare m ore m erlt orlous having bet t erbench m arks This issue is in fact covered under Naresh Kum ars supra9and cam e clarifled in Balrai Singhs cass supra whereinit has been held t hat whereever a j unior has been deput edfor t o be 1 0 0 C Z 08 Sm 2 Lower School Course ignoringt he claim of t he seniorsm erelyon t he basis oft he higherbench m arks t he senlor be deput edfor t he course and he will be deem edt o have passedt he course from t he dat ehis j uniorhas qualiSed 4e I n such sit uat ion senior will ret ain his seniorit y There is anot her aspect of t he m at t er The DGPs inst ruct ions dat ed 13022007 are only prospect ivein nat ure Prior t o t hese inst ruct ions no bench m arks were prescribedunder t he st at ut ory rules and t hus t hose const ables who acquiredeligibilit y prior t o issuance of t hese inst ruct ionshave been denied t he deput at iont o t he Lower School Course for non Um a 2014.04.03 16: 13 Scanned True Copy of Original PHHC,Chandigarh t he m inim um bench m arks I t is set t led law t hat Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 87 1 m Q 0 C C5 Z C CWP N02914 of2010 15 governm entlnst ruct lons cannot overrule t he st at ut oryrules Thus t hese lnst ruct lons cannot be pressedint o Servicet o deprivet he const ablesoft heir right for for not havingachievedt he m inim umbench m arks as prescribedunder t hese lnst ruct ions issued lat er Thus such of t he const ables who becam e eligiblepriort o issuanceoft hese inst ruct ionsand ignoredfor not t hem inim umbenchm arksare t o be Lower School Course and on successfulcom plet ionof t he course t o t heyare be t reat ed senior t han t heir j uniorswho were earlier deput edt o t he Lower School Course I n ot her words t heywill ret ain t heir seniorit yfor beingbroughton List B1 course t hat t heywere for t he I at er t han t heir j uniorsor t heydid not achieve m inim um bench m arks Sim ilarly such oft he const ableswho are ignoredon account 05 achievingless t han t he prescribedbench m arks t hen t heir j uniorsare m wo Z Q also ent it ledt o be deput edt o t he course and on com plet ionoft he sam e will ret ain t heir seniorit yover t heirj uniors I n som e of t he writ pet it ionst heeconst ables have already t he Lower School Course but t heyhave been denied t he senlorit y over t heir j uniorsOI l t he ground t hat t he j uniorswere eit her havingbet t er bench m arks or deput edfor t he course prior lI l t im e t han t he Ce Writ pet it ioners I n view of t he above observat ions t hese writ pet it ionersshall be deem edt o be senior t o t heir j uniorsdeput edearlier on account of bet t er bench m arks or any ot her ground of eligibilit y To sum t hese pet it ionsare disposedofwit h t he followingdirect ionsl who have failed in 55I o m erit quot a Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document i9 Such oft he Um a 2014.04.03 16: 13 Scanned True Copy of Original PHHC,Chandigarh 88 4 CWP N02914 of2010 16 areent it ledt o be consideredfor beingbroughton List B1 under35I oquot a on t he providedt heyhave t he requisit e and are ot herwiseeligibleunder t he rules such oft he const ableswho were lesst han 35 yearsofageas on t he day oft heirconsiderat ion but not m ore t han 40 years t heywill be ent it led t o be on List Bl by t hem t o Lower School Course 7 iii9 t he pet it ionerswho acquiredeligibilit ypriort o t he DGPs inst ruct ions dat ed13022007 will be for t he course wit hout consideringt he of m inim um bench m arks as prescribedunder t he govem m ent lnst ruct ions and in t heir cases seniorit yand ot her eligibilit ycrlt erla t o t he course under t he rules will be enoughfor t heir ivl t he pet it ionerswho becam eeligiblefor aft er t he issuanceof t heinst ruct ionsdat ed 130 2007 and have achievedt he m inim um bench m arks be t o t he course t heir j uniorshave bet t er benchm arks V lnt er of t he const ableswill be det erm inedon t he basis of t heirseniorit yin t heir respect ivedist rict sin t he and not on t he basis of passingof t he Lower School Course in all such cases who are by t he above direct ions However t he int erse seniorit yof const ableswill not be governedby t he above direct ions where senior was ignoredon account of pendencyof any disciplinaryproceedingsor who sufferedany ot her disqualificat ionfor deput at iont o Lower School Course deput at ionof t he pet it ionersshall be m ade on t he basis of t heir seniorit yin t heir respect ivedist rict s and againstt he available vacancleSe Let t he claim of t he pet it ionersbe considered in t he light of t he abovedirect ions and t heir Um a 2014.04.03 16: 13 Scanned True Copy of Original PHHC,Chandigarh whereTer requiredbe m ade in Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 1 0 C C Z Ct 06 0 m w Z CL Ge 89 1 d CWPNo 2914 of2010 17 accordancewit h t he abovedirect ions A copy of t his order be placedon t he record of each connect ed 11082010 BLS m e PERMOD KOHLI JUDGE Ale Not el VVhet hert o be referredt o t heReport er2YES 1 P m C 0 CA C5 Z m C e 08 1 m w Z Lla Um a 2014.04.03 16: 13 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document