HighCourt ofPunj aband Haryanaat Dat eofdecisionl l l 082010 1 CWPN02914 of2010 v. St at eofHarvanaand olhers 2 CWP No 6427 of2009 Krishan Kunlar

The ent ire cont roversyrelat es t o t he of Rule 133 oft he Punj abPolice Rules 1934 as applicablet o t he St at eofHaryana and am ended vide Punj ab Police HaryanaAm endm ent Rules 2001 hereinaft erreferred t o as t he Rules This rule relat est o Lower School Course and for enlist ingof t he eligibleofficers in List for t heir prom ot ion The am endedrule subj ectm at t er of debat e in t he presentwrit pet it ionsis hereunderl 137Select ion of candidat esfor adm ission t o courses at t he Police laining College 13 6inForm 1339shall be m aint ained by each List 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 I ist B shall be m ade lI l t he m ont h of Januaryeach yearand shall be lim it ed t o t he num ber of seat s allot t ed t o t he dist rict for t he year The num ber of seat s in Lower School Course 111a year shall be on t he basis of exist ingvacancies and t he vacancies likely t o be creat ed wit hin one year 111 t he respect iveunlt 50 t he seat s allot t ed t o a unit 111 t he Lower School Course Rawat Seem a 2014.04.21 11: 50 Scanned True Copy of Original PHHC, Chandigarh shall be filled in on t he basis of a com pet it ive Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document a r 0 C3 X C5 Z 2 D C X 06 Cll 2 Z Clm 1 CeeV 0 1A 1 71 J CWPN0l914of2010 5 exam inat ion 35I o on t he basis of cum m fit nessand 10I o On t he basis of consist ent Gold or Silver Medal in All I ndia Police Meet lNat ional Gam es or displayof braveryduringt he course official dut y Select ion of personsagainst55I o seat s ln list llower school on t he basis of m erit shall be done by a Prom ot iot l CcI inm it t eeon t he bav lf1 Exam inat ion of servicesand 2 A t est called 1 t est 9inl a9Prade b1Law and pract icalpolicework aild 3 An I nt erview 2 6i9 All const ables t heir educat ional qualificat ionsshall be eligible t o appearfor Bl t est if 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 m 0 Cuo X C5 I Z r Z o6 CQ Z 2 CL C Rawat Seem a 2014.04.21 11: 50 Scanned True Copy of Original PHHC, Chandigarh which select ion is m ade However a Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 72 1 CWPN029140f2010 6 const able t o reserved cat egory who is recruit ed aft er at t ainingt he age of 27 yearsas per Governm ent inst ruct ionslorders t hen he shall be allowed t o appear m inim um t hree consecut ive chances aft er of flve years of serviceeven has crossed t he age of 35 years up t o a m inlm um of 10 years ii9 All onst ables t heir educat ionaI shall be eligiblet o be broughton List B basis if t hey are seniorit ycum m ent under t he age of 40 years and have 5 years of service on t he flrst day of Januaryof t he vear in which select ion is m ade 35 The St at e ofHaryanaissued inst ruct ions dat ed 13022007 prescribingt he m inim um m erit t o fulfill t he crit eria for seniorit v cum eflt ness relyingupont he observat ions of t his Court in t he case of Naresh Kurnat Vs St at e of Harvana and ot hers CWP No952 20049decided Oll 051 12004 Direct or General of Police Haryana issued t hese inst ruct ions prescribing t ninim um bench m arks select ion t o BeI under 3 5I o quot a The relevant ext ract of t he lnst ruct ions dat ed 13022007 64nnexureI 79 in CWP No6427 Rawat Seem a 2014.04.21 11: 50 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document m C 0 Ceo Z C Z C 2C c CQ e 2 Z 2 Clm 1 1 73 r CWP N02914 of2010 7 2009 is hereunderl 3 I n view oft he Honble HighCourt j udgm ent in t he Naresh Kum ar case supra9it has been decided t o fix t he bench m arksfor fit nessunder 35I o quot a The assessm entof service record should be m ade t he basis of educat ion t rainingcourses passedcom m endat ion cert ificat es and lengt h of service et c as givenin PPR 137 All t he candidat es ho obt aill a ininim um 31 m arks m ore would be deem ed t o be flt select ion of B l seat s against35I o quot aon t he basis of int erse seniorit yof t he candidat esand for all such candidat es int erse seniorit v would t he sole crit eria for deput ingOll t heir t urn under 35I o quot aln view of t he explicit order of High Court Please t ake furt her necessary act ion 95 The validit yof t hese inst ruct ions has been upheldbyt his Court in Hawa Singh Vs St at e ofHarvana and ot hers CWP No1194 of20051decided on 14052008 There are t hree set s of writ pet it ionsunder considerat ion The sam e are broadlycat egorisedin t he following m annerl a9 t he eligibilit y oft he candidat es who appearedin 550I om erit Rawat Seem a 2014.04.21 11: 50 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document m r 0 CaO Z 0 Z 2 I m Lr C Z 08 Ct l 2 Z CL 2 Ce 74 P1CWPN029140f2010 1 8 prom ot lonquot aunder Rule 13 621iJt o be considered for prom ot ion under 35I o on basis under rule 13 62Jiil even t heyhavefailed under 55I o quot a b9 considerat ionoft he candidat eswit h less t han 35 years ofageas on I st dayof Januaryof t he yearin which select ion is m ade in 35I o quot aof C 9 int erse seniorit yof t he candidat es on t he basis of bench m arks 111t ernlsof DGPs inst ruct ions dat ed 13022007 From t hereadingofRule 137 l9 it em ergesas folI owsl 6a1 t hat 55I o of t he seat sllot t ed t o a unit in t he Lower School Course are m eant t o be filled 111 OI 1 t he basis of exam lnat ion 6b9 35I o oft he seat s on t he basisofseniorit ylnlt ness and 6c9 10I o seat s on t he basis of consist ent 1I l 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 irrespect ive m Cr 0 Ca3 49 C Z C Z O8 C0 r W2 Z CL 1 C oft heir educat ional qualificat ionwho are less t han 35 years of age and have com plet ed5 years of service on I st dayof Januaryof t he vear of e seI ect ion are eligiblet o appear for B1 t est under m erit seat s of 550I o quot a Sim ilarly t he const ables irrespect iveof t he ir educat ional qualift cat ionhavingcom plet edfive years of service and ln t he age of 40 years on t he I st day of Januaryof t he year of select ion Rawat Seem a 2014.04.21 11: 50 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 75 CWPNo2914of2010 I l are eligiblet o be broughton list Bel on t he basis of seniorit ycum m erit against35I o quot a Sport spersons under 10I o quot a are t o be considered subj ectt o eligibilit y t he above t wo cat egones The cont roversyrelat ingt o t he eligibilit yof t he candidat es who failed t o secure t he requisit em ent in t he exam inat ion under 55I o quot at o be againconsidered under 35I o seniorioln m erit quot a cam et o be consideredby a Division Bench of t his Court 111Naresh Kum ars case This Divisin Bench j udgm entwas before t he Honble Suprem eCoui1 in SpecialLeave t o AppealCivil No10409 of2005 which has been dism issedin lim ine on 10052005 A sim ilar issuecam e up for considerat ionbefore t his Court t he case of Hawa Singh Vs St at e of Harvana and ot hers 6CWP No1194 of2005 decided on 14052008 Aft er adm ission oft he writ pet it ionby t he Honble Division Bench t he m at t er was considered by a learned SingleJudgeof t his Court for final disposalon 29 12006 The learned SingleJudge oft his Court was oft he opiniont hat cert ain provisionsof Rulel370ft heru1es 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 bv a Division Bench of t his Court The aforesaid writ pet it ioncam e t o be m C 0 Clo 0 Z 2 C 06 C0 Z Ll C heard by a Division Bench oft his Court The Honble Division Bench Rawat Seem a 2014.04.21 11: 50 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 76 1 CWP No2914of2010 0 vide it s dat ed 14052008 afflrm ed t he rat io in Naresh Kum ars case upralwit h t he followingobservat ionsl I n view of t he fact s m ent ioned above t hese wrlt pet lt ionsare allowed in t he sam e t erm s as 111 Nresh Kum ars supra9 The direct ed t o deput et he 4 pet it ionerslt o t he flrst Lower School Course which will com m ence aft er t he pronouncem ent ofj udgm entln t his case However The pet it ionersho11be deem cd t o have qualifled111 t he Lower S 001 Course from t he dat e when ot her const ables bave qualied whose nam es approvedt o undergo Lower School Course vide select list Annexure Pl I t is m ade t hat if by get t ing dat e of passingt he Lower School Course t he pet it ionerbecam e eligiblefor prom ot iont hen he will get only deem ed benefit s wit hout get t ingany act ual financial benefit s in view of principleof no work no pay as laid down by t heir Lordshipsof t he Honble Suprem eCourt in Union of I ndia and anot her Tarsem Lal and ot hers 2006910 Suprem eCourt Cases m r 0 Cm 0 4 2 5 C Z O8 m 3 Z C 145 99 Rawat Seem a 2014.04.21 11: 50 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 77 7 CWPN029140f2010 Honble t he Division Bench furt her considered t he validit yof t he inst ruct ionsdat ed 13022007 and uplleldit s validit ywit h t he following observat ions So far as CWP N03609 of2007 is concerned lI l t hat writ pet it ionselect list preparedt o undergo Lower School Course on t he basis of iinst ruct ions dat ed 1302007 challengedAs referred t o above has been has been held earlier above said inst ruct lons are perfect lyj ust ied and are consonance wit h t he direct ions issued by t his Court in NareshKum ars The claim s of som e of t he writ pet it ionersfor deput ingt o Lower School Course have been rej ect edon t he groundt hat t hel bll failed in 55I o m erit quot aare not ent it led t o be considered for beingbrougllt on List B1 in 35I o quot a The claim s ofsom e oft he writ pet it ionershave been rej ect edfor beingbroughtin List B under 35I o quot aon t he ground t hat t heywere oflesst han 35 years of age as on I st dayof Januaryof t he year of select ion I n som e t he claim s have been rej ect edfor non achievingt he ininim um 31 bench m arksin t erm s oft he DGPs Lnst ruct iot ls dat ed 1302007 I n Naresh Kum ars case Osupra9t he Honble Division Bench ruled t he eligibilit y oft 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 finalit 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 111 Hawa SingWs cases supra9 as also in Const able Dharm bir Vs St at e of Harvana and ot hers 2009 19RSJ 310 wherein t he followingobservat ions have been m adel Rawat Seem a 2014.04.21 11: 50 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document t r 0 0 5 Z 2 Cr C98 Q0 m Z 1 Cee 78 r CWPN029140f2010 2 13 So t here are t hreedist inct cat egorieswit h t heir own eligibilit yfor considerat ion There lS no bar t o considerat ion of a const able in any cat egoryifhe fulfills t he eligibilit ycnt eria if he is eligiblein t hree he has a st at ut oryrightt o considerat ion in all not cat egorizeor t hree cat egoriesThe Rules requt re som e m inlm um for eligibilit yunder any oft he cat egoriesWhat it specifiesis t he upper aoe lim it for considerat ion under a par cat egOlY Despit et hese inst ruct iotiI e cert ain issues referred t o hereinabove have again croppedup he cont roversy regardingt he eligibilit yofcandidat es under 35 yearsofagefor beingbroughton List Bl for 35I o quot a againcam e up for considerat ionby anot herDivision Bench t his Court in Dharm birs case 6supraland Balrai Singhand ot hersVs St at eofHarvanaand ot hers 2009 29RSJ 463 I n Dharm birs case supral a Division Bench oft his Court held as underl 17 A conj ointreadingofbot h t he subwruleswould show t hat onlyt he upper age lim it has been prescribed under t he rules and no m inim um age has been prescribedeit her under sulrule 2i9 or sulule 2 ii9 which ineans t hat if a const able fulfills t he requirem entof t he upper ageand t he ot her quali8cat i0nsprescribedunder Rawat Seem a 2014.04.21 11: 50 Scanned True Copy of Original PHHC, Chandigarh t he respect ivecat egory as pcr subule 2 t here is Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 0 0 C X C5 Z r C 4r Z 05 C 3 Z 2 64 79 I cwP No 2914 of2010 13 no bar t o his considerat ionunder each of t hem Meaningt herebya const able who is eligible111 one cat egoryunder Rule 137 629 can also be considered in t he ot her cat egoryunder Rule 13 2 i9 of t he Punj abPolice Rules as t here isno bi61rcat ion bet ween t he rules as far t he eligibilit y 1S concerned wit h m inim um regard t o t he age as none ls prescribed 18 The m inim um age if prescribedby way of execut lve int erest inst ruct lons would go againstt he t he Const ables who are ot herwise eligibleunder t he st at ut oryRules Rule 137 confers a right which a Const able at t ains on t he basis of his seniorit yin t he servicc when his t urn com es based on t he seniorit ya right t o considerat ion devolves On him This righton t he basis ofhis seniorit ycannot be deprivedon t he basis of execut ive inst ruct ioils This would be I ll cont ravent ion t o t he st at ut oryrules and t herefore m I X 0 C Z CD Z Z C Z O CQ C 3 Z CL 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 January of t he year which t he select ion is m ade is under t he age of 35 years and is eligible for considerat i on Rawat Seem a 2014.04.21 11: 50 Scanned True Copy of Original PHHC, Chandigarh select ion for includinghis nam e in List B Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 80 CWP N2914 of201 0 I l 14 select edconst ablesfor adm issiont o Lower School Course under t he 55I o quot aon t he basis of m erit as per Rule 137 6296i oft he Punj abPolice Rules 1934 and having in t he t est Bell enlist m ent due t o and failed or unable t o get lower m erit can also claim considerat ionand select ionunder t he 35I o quot a t he basis of seniorit ycum neritas per Rule 137 621 ii if he lS eligibleunder bot h t he As not iced above t he con t ables who have at t ained m inlm um 31 bench m arksunder 35I o quot ahave en ignoredand t heir j uniorswere deput edt o t he course on t he groundt ha cv are m ore m erit orlous having bet t erbench m arks This issue is in fact covered under Naresh Kum ars 6supraand cam e t o be clarifled in Balrai Singhs cass 6supra wherein it has been held t hat whererer aj unior has been deput edfor Lower School Course ignoringt he clalm oft he seniorsm ereI yon t he basis oft he higherbench m arks t he senior be deput edfor t he course and he wilJ be deem edt o have passedt he course from t he dat ehis j uniorhas qualifled 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 onlyprospect 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 lons have been denied t he deput at iont o t he Lower School Course achieving t he rninim um bench m arks I t Rawat Seem a 2014.04.21 11: 50 Scanned True Copy of Original PHHC, Chandigarh is set t led law t hal Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document m 0 CO CD Z C Z M C 08 CO 1m Z 0 CL 17 4 4ee 81 1 CWPN02914 of2010 15 1 inst ruct ions cannot overrule t he st at ut oryrules Thus t hese inst ruct ionscannot be pressedint o service t o deprivet he const ablesoft heir right for for not havingachieved t he m inim um bench m arks as prescribedunder t hese inst ruct ions issued lat er Thus such of t he const ables who becam e eligiblepriort o issuanceoft hese inst ruct ions and ignoredfor not acbievingt he m inim um bench m arks are t o be deput edfor Lower SchoolCourse andon suscessful t o be t reat ed senior t han t heir oft he course t heyare j uniorswho were earlier deput edt o t he Lower School Course I n ot her words t heywill ret alll t heir seniorit yfor beingbroughton List B t hat t heywere deput edfor t he lat er t han t heir j uniorsor t l did nol eve m inim um bench course m arks Sinlilarly such of t he CI lles who are ignoredon account achievingless t han t he bench m arkst hen t heir JUniors are alsoent it led t 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 liniors I n som e t he writ pet it ionst he const ables have already t he Lower School Course but t heyhave been denied t he senlOnt y t heir j uniorson t he ground t hat t he j uniorsWere eit her havingbet t er bench m arks or deput edfor t he course prior 111t im e t han t he writ pet it loners I n view of t he above observat ions t hese writ pet it ionersshall be deem ed t o be seniort o t heirj uniorsdeput edearlier on account of bet t er bench m arks or any ot her groundof eligibilit y To sum up t hese are disposedofwit h t he followingdirect ions i9 Such oft he Rawat Seem a 2014.04.21 11: 50 Scanned True Copy of Original PHHC, Chandigarh who have failed in 5586 m erit quot a Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document v 0 0 C Z C0 3C Z m C 0C 08 OQ 7 2 Qe 7 e1 82 CWP N02914 of2010 1 6 are ent it led t o be consideredfor beingbroughton List B1 under 35I o quot a on t he principleof seniorit ycum neritprovidedt heyhave t he requisit e and are ot herwiseeligibleunder t he rules such oft he const ableswho were less t han 35 yearsofageas on t he day oft heir considerat ion but not m ore t han 40 years t heywill be ent it led t o be broughton List B1 bydeput ingt hem t o Lower School Course 3 iiiJ t he dat ed 13022007 will be deput edfor t he who acquiredeligibilit ypriort o t he DGPs inst ruct lons COUrse wit hout consideringt he of m inim um bench m arks as prescribedunder t he governm ent lnst ruct iOllS and in t heir cases seniorit yand ot her eligibilit ycrit erla under t he rules will be h for t he dcput at iont o t he course iv9 t he pet it ionerswho becam eeligil aft ert he issuanceof t he inst ruct ions dat ed 1302007 achieved t he m inim um bench m arks be deput edt o t he course not w nding t heir j uniorshave bet t er benchm arks v int erse seniorit yof t he const ableswill be det ennined on t he basis of t heir seniorit 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 ignored by t he above direct ions However t he int erase seniorit yof const ableswill not be governedby t he above direct ions where senior was inored account of pendencyof any disciplinaryproceedingsor who suffered any ot her disqualificat ionfor deput at iont o Lower School Course vi9 deput at ionof t he shall be m ade on t he basis of t heir seniorit yin t heir respect ivedist rict s and againstt he available vacancieSe Let t he claim oft he pet it ionersbe considered in t he lightoft he above direct ions and t heir deput at ionwhere7er Rawat Seem a 2014.04.21 11: 50 Scanned True Copy of Original PHHC, Chandigarh required be m ade in Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document m 0 0 0 Z C C 2 e t r 3C t O25 m m n Z CL 83 CWP No914 of2010 17 t accordancewit h t he above direct ions 12 aP A copy oft his order be placedon t he record ofeach connect ed 11082010 BLS Not el Whet hert o be referredt o t he U 1 6PERMODKOHLI 9 JUDGE I ce4 YES m 0 0 W Z C5 Z Z r C 4 Z O OCt n 2 Ll Rawat Seem a 2014.04.21 11: 50 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document