Vs St at eoflI aryanaand ot hers 42 WP No403 of2009 PremSingh v. St at eofI laryanaanclot ls 5 CWP No 3401 of2010 I lllC

The ent ire cont roversyrelat es t o t he of Rule 137 oft hePunj abPoliceRules 1934 as t o t heSt at e and am ended vide Punj abPolice Haryana Rules 2001 hereinaft erreferredt o as t he Rules9 This rule relat es t o Lower School Courseand for enlist ingof t he eligibleOfficersin List B 1 t heir prom ot ion The am ended rule subj ectm at t er of debat e t he presentwrlt pet it ions is hereunderl 137elect ion of candidat esfor adm issiont o courses at t he Police TrainingCollege619List B 6inForm 1339 shall be m aint ainedby each of Police I t shall include t he nam es of all const ablesselect edfor 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 in t he m ont h of Januarveach e year and 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 t n a year shall be on t he basis of exist ingvacancies and t he Singh Gagan Preet 2014.04.26 14: 48 TRUE SCANNED COPY OF ORI GI NAL PHHC CHANDI GARH vacancies likely t o be creat ed wit hin one 111 t he respect iveUnlt 55I o t he seat s allot t ed t o a unit 111t he Lower School Course JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document shall be filled ln t he basis of a com pet it ive 1 f 0 CA3 C5 I Z C c6 CO e 7 Z n Ce e 56 r1 1 I l N02914 of2010 5 1 C 0 0 I C5 I Z n2 C45 Co 7 Z QW Cwe exam inat ion 35I o on t he basis of seniorio cum fit nessand 10I oon t he basis of consist ent Gold or Silver Medal in All I ndia Police Meet lNat ional Gam es or display of braveryduringt he course official dut y Select ionofpersonsagainst55I o seat s 10 list llower school on t he basis of m ent shall be done by a Prom ot ion Com m it t eeon t he basis of 1 Exam inat ionof services and 2 A t est called Bel t est 91111 a9Prade b1Law and 3An I nt erview police work and 2 6i9 All const ables t heir educat ional qualit lcat ions shall be eligible t o appear for Bl t est ift hey are under t he age of 35 years and have com plet ed 5 years of servlce on 1 day of Januaryof t he year 111 Singh Gagan Preet 2014.04.26 14: 48 TRUE SCANNED COPY OF ORI GI NAL PHHC CHANDI GARH which select ion is m ade However JOYTI RANI a 2016.03.28 10:51 I attest to the accuracy and integrity of this document S 57 1 CWP N02914 of2010 6 const able t o reserved cat egory who is recruit edaft er t he age of 27 years as per Governm entinst ruct ionslorders t hen he shall be allowed t o appear for m inim um t hree consecut ive chances aft er offive years of service even ifhe has crossed t he age of 35 years up t o a m m im um of 10 years All Const ables t heir educat ional shall be eligibI et o be broughton List Bm 1 seniorit ycum m erit basis if t hev V are under t he age of 40 years and have 5 years of service on t he first day of Januaryof t he vear I I l which select ionis m ade 59 The St at eof HaryanaiSSUedinst ruct ionsdat ed 13 022007 t he m lnim um m erlt t o fulfill t he crit eria for seniorio cum eflt nessrelyingupon t he observat ions of t his Court in t he case of Naresh Kum ar Vs St at e of Harvana and ot hers CWP No952 20041decided on 051 12004 Direct or General of Police Haryana issued t hese inst ruct ions prescribing m inirnum bench m arks for L 0 C I C I Z 1r r 4r I 08 CO Z C select ion t o Bm I list under 350I oquot a The relevant ext ract t he inst ruct ions dat ed 13022007 Singh Gagan Preet 2014.04.26 14: 48 TRUE SCANNED COPY OF ORI GI NAL PHHC CHANDI GARH 0Annexure179 ln CWP No6427 JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 58 1 plCHlPN029140f2010 7 2009 is hereunderl 3 I n Vlew oft he Honble HighCourt lI l t he Naresh Kum ar case supra it has been decidedt o fix t he bench m arks for fit nessunder 35I o quot a The assessm entof service record should be m ade t he basis of educat ion t raining courses passedcom m end at ion cert iflcat es and lengt h of service et c as given in PPR 133 All t he candidat es who obt ain a m inim um 31 m arks or m ore would be deem ed t o be fit select ion of B l seat s against35I o quot aont he basis of int erse seniorit yoft he candidat esand for all such candidat esint erse seniorit ywould be t he sole crit eria for deput ingon t heir t urn under 35I o quot aln Vlew of t he explicit order of High Court act ion Please t ake furt her necessary 99 The validit yof t hese inst ruct ions has been upheld by t his Court in Hawa Singh Vs St at eofHaryanaand ot hers6CWPNo1 194 of2005 decided on 14052008 There are t hree set s of writ pet it ions under considerat ion The sam e are broadly cat egorisedin t he following m annerl a9 t he eligibilit yoft he candidat es who appeared in 550I om ent Singh Gagan Preet 2014.04.26 14: 48 TRUE SCANNED COPY OF ORI GI NAL PHHC CHANDI GARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 1C 0 0 I C5 I Ct Z m C I 08 C a Z 17 C 59 1 f CWPNo914of2010 8 quot aunderRule 137 2160t o be considered for prom ot ion under 35I o on basis under rule 137 6290i even if t heyhavefailedunder 55I o quot a b9 considerat ionof t he candidat eswit h less t han 35 years ofageas on I st day of Januaryof t he year in which select ion1S m ade in 3510 quot aof C 1 lnt eese seniorit yof t he candidat esOn t he basis of bench m arks in t erm s of DGPs inst ruct ionsdat ed 13022007 From t he readingofRule 1307 l it em ergesas follows a9 t hat 55I o oft he seat s allot t ed t o a unit lI l t he Lower School Course are m eant t o be filied ln On t he basis of exam inat lOI l b1 c I 10I o seat s on t he basis of consist ent et c m C 0 C I C5 I 14 Z 5r Q I C45 ClO 7 Z CL 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 C have com plet ed5 years of service on I st day of Januaryof t he year of select ion are eligible t o appear for B 1 t est under m erit seat s of 55I o quot a Sim ilarly t he const ables irrespect iveof t heir educat ional qualiflcat ionhavingcom plet edSve years of service and in t he age of 40 years on t he I st day of Januaryof t he year of select ion Singh Gagan Preet 2014.04.26 14: 48 TRUE SCANNED COPY OF ORI GI NAL PHHC CHANDI GARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 60 I CWPN029140f2010 8 are eligiblet o be broughton list B 1 on t he basis of m erit against35I o quot a Sport spersons under 10I o quot a are t o be separat ely considered subj ectt o ellgibilit yprescribed t he above t wo cat egories The t o t he oft he candidat es who failed t o secure t herequisit et nerit in t he exam inat ion under 55I o quot a t o be again considered under 35I o seniorit yecun m erit quot a cam et o be considered by a Division Bench of t his Court ln Naresh Kum ars case This Division Bench before t he Honble Suprem eCourt 111 SpecialLeave t o Appeal6Civil9No10409 of2005 which has been dism issedin lim ine on 10052005 A sim ilar issue cam e up for considerat ionbefore t his Court in t he case of Hawa Singh Vs St at e of Harvanaand ot llels CWP No194 of20051decidedOll 14052008 Aft er adm issionoft he pet it ionbyt he Honble Division Bench t he m at t er was consideredbya learned SingleJudgeof t his Court for final disposal on 29112006 The learnedSingleJudge oft his Court was oft he opiniont hat cert ain provlsions of Rule 133 oft he rules were not broughtt o t he not ice of t he Division Bench and on t hat basis a reference considerat ion of t he writ pet it ionand ot her connect ed was m ade for m at t ers by a Division Bench of t his Court The aforesaid wrlt pet it ion cam e t o be heard by a Division Bench oft his Court The Honble Division Bench Singh Gagan Preet 2014.04.26 14: 48 TRUE SCANNED COPY OF ORI GI NAL PHHC CHANDI GARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 1 C 0 C C5 Z C I 08 3 Z 1 A C 61 1 CWP No2914 of2010 10 vide it s dat ed 14052008 afrm ed t he rat io lll Naresh Kum arscase wit h t he observat ionsl I n view of t he fact s m ent ioned above t hese are allowed in t he sam e t erm s as lt l Naresh Kum ars case The direct ed t o deput et he pet it ionerslt o t he 6rst Lower School Course which will com m ence aRer t he pronouncem ent lI l t his case However The shall be deem edt o havequalifiedln t he Lower School Course from t he dat e when ot her const ables have qualied whose nam es were approvedt o undergo Lower Scbool Course vide select list Annexure Pm l I t is m ade e clear t hat if by get t ing dat e of passingt he Lower School Course t he pet lt lonerbecam eeligible for prom ot iont hen he wilI get only deem ed benefit s wit hout get t ingany act ual financial benefit s in view of principle of no work no pay as laid down by t heir Lordshipsof t he Honble Suprem eCourt ln Union of I ndia and ahot her vs Tarsem Lal and ot hers 62006010 Suprem eCourt Cases 1 C 0 C C5 I Z C I 08 CO 7 Z t 1 C Singh Gagan Preet 2014.04.26 14: 48 TRUE SCANNED COPY OF ORI GI NAL PHHC CHANDI GARH 145 59 JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 62 CWPN029140f2010 11 Honble t he Division Bench furt herconsideredt he validit yof t he inst ruct ionsdat ed13022007and upheld it s validit ywit h t he observat ions So far as CWP N03609 of 2007 is concem ed t hat writ pet it ions elect list preparedt o undergo LowerSchoolCourseon t he basis of dat ed13022007 as referredt o above has been As has been held earlier above said inst ruct ions are perfect lyj ust ified and are lI l consonance Wit h t he direct ions issued by t his The claim s of som e of t he writ pet it ionersfor t o Lower School Course have been j ect edOll t he groundt hatt heyhaving failed in 55I o m erit quot aare not ent it led t o be considered for being brought on List B1 in 35I o quot a The claim s ofsom e oft he Writ Pet it ionershave rej ect edfor beingbroughtin List Be l under 35I o quot a on t he ground t hat t heywere oflesst han 35 years of age as on I st day of Januaryoft he year of select ion I n som e t he claim shave been rej ect edfor t he lninim um31 benchm wks t erm s of t he DGPs inst ruct ions dat ed 132007 I n Naresh Kum ars case t he Honble Division Bench ruled t he eligibilit yoft he const ables for t heir considerat ionbot h in 55I o and 35I o q This j udglnenthas at t ained finalit y The SLP also been dism issed by t he Honble Suprem eCourt The rat io of t he said j udgm enthas been reit erat ed in Hawa Sings cases supral as also in Const able Dharm bir Vs St at e of Harvana and ot hers 2009 19RSJ wherein t he followingobservat ions have been m ade Singh Gagan Preet 2014.04.26 14: 48 TRUE SCANNED COPY OF ORI GI NAL PHHC CHANDI GARH 310 JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document m C 0 C C5 Z Q I c5 r0 7 Z I l 1 Ge 63 I WPN029140f2010 12 13 So t here are t hree dist inct cat egorieswit h t heir eligibilit yfor considerat ion There ls no bar t o considerat ionof a const able in any cat egoryif he fulfllls t he eligibilit ycrit eria ifhe is eligible in all t hree he has a st at ut oryrightt o considerat ion in all not cat egorizeor t hree cat egoriesThe Rules require som e m inlm um for eligibilit yunder any oft he cat egoriesWhat it speciflesis t he upper agelim it a part icularcat egory for considerat ion Despit e t hese inst ruct ions cert ain issues refened t o hereinabove have againcroppedup The cont roversyregardingt he eligibilit yofcandidat es under 35 yearsofagefor beingbroughton List Bl for 35I o quot a againcam e up for considerat ionbyanot her Division Bench t his Court in Dharm birscase lpraland BalraiSinghand ot hersVs St at e of Haryanaand ot hers 2009621RSJ 463 I n Dharm birs case supral a Division Bench oft his Court held as underl 17 A conj ointreadingofbot h t he subules would show t hat onlyt he upper age I im it has been prescribed under t he rules and no rninim um age has been prescribedeit her under subule 2i9 or suberule 2ii which m eans t hat if a const able 81lf111st he requirem entof t he upper Singh Gagan Preet 2014.04.26 14: 48 TRUE SCANNED COPY OF ORI GI NAL PHHC CHANDI GARH age and t he ot her qualificat ionsprescribedunder t he respect ivecat egory as per sulule 2 t here is JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 1 C 0 CA0 I 5 I 4t Z r I 08 C 7 Z 0 n 64 1 WP No 2914 of2010 13 no bar t o his considerat ionunder each of t hem t herebya const able who is eligible111 under Rule 13 7 621 can also be consideredlI l t he ot her cat egoryunder Rule 133 621ii of t he Punj abPolice Rules as t here is no bircat lon bet ween t he rules as t he eligibilit y1S concerned wit h m inim um age as none is regardt o t he 18 The m inim um age if by way of execut ive inst ruct lons would go againstt he int erest of t he Const ables who are ot herwise eligible under t he st at ut oryRules Rule 137 029 6ii9confers a right which a Const able at t ains on t he basis of his seniorit yin t he service As and when his t urn com es based on t heseniorit ya right t o considerat iondevolves on him Thisrighton t he basis of his seniorit ycannot be deprived on t he basis of execut ive inst ruct ions This would be in cont ravent ion t o t he st at ut oryrules and t herefore not sust ainable 22 What em erges from t he above discussions is t hat a const able who has com plet ed5 years of servlce t he I st day of January of t he year 111 which t he select ion is m ade is under t he age of 35 years and is eligible for considerat ion m 0 0 C5 Z 5r r I 08 Cll 7 Z I l C Singh Gagan Preet 2014.04.26 14: 48 TRUE SCANNED COPY OF ORI GI NAL PHHC CHANDI GARH select ion for includiilghis nam e in List B JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 65 7 t CWPN029140f2010 44 select edconst ablesfor adm issiont o Lower School Courseunder t he 55I o quot aOI l t he basis of m erit as per Rule 13 6296i9oft he Punj abPolice Rules 1934 and having in t he t est 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 ycunneritas per Rule 17 62 if he is eligible under bot h t he As not iced above t he const ableswho have at t ained m inim um 31 bench m arks under 35I o quot ahavebeen ignored and t heir j uniorswere deput edt o t he course bet t erbenchm arks on t he groundt hat t heyare m ore m erit orious having This 1SSUe 1S in fact covered under NareshKum ars and cam e t o be clarifled ln Balrai Singhs cass supra wherein it has been held t hat whereeevera j unior has been Lower SchoolCourse ignoringt he claim oft he seniorsm ereI yon t he basis oft he higher bench m arks t he senior be deput edfor t he course and he will be deem edt o have passedt he course frOmt he dat ehis j uniorhas qualified m 0 0 C0 C Z t r I 08 CO 2 Z CL 9e0 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 1302007 are only prospect ivein nat ure Prior t o t hese inst ruct ions no bench m arks were prescribed under t he st at ut ory rules and t hus t hose const ables who acquired eligibilit y pnor t o issuance of t hese inst ruct ions have been denied t he deput at iont o t he Lower School Course for non Singh Gagan Preet 2014.04.26 14: 48 TRUE SCANNED COPY OF ORI GI NAL PHHC CHANDI GARH achieving t he m inim um bench m arks I t is set t led law t hat JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 66 CWP N02914 of2010 15 inst ruCt ions cannot overrulet he st at ut oryrules Thus t hese inst ruct ions cannot be pressedint o service t o deprivet he Const ablesof t helr right for for not havingachievedt he m inim um bench m arks as under 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 ignored for not t he m lnim um benchm arks are t o be Lower School Course and on successfulcom plet ionoft 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 Bm l t hat t heywere deput edfor t he course lat 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 ignored on account achieving less t han t he prescribed bench m arks t hen t heir JUlliOrs are 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 I n som e of t he writ pet it ionst he const ables have already com plet edt he Lower School Course but t hey have been denied t he senlont y over t heir j uniorson t he ground t hat t he j uniorswere eit her having bet t erbench m arks or deput edfor t he course prior in t im e t han t he W 0 C I C5 C Z r C I 08 r V2 Z Clw 4e writ pet it ioners I n view of t he above observat ions t hese writ pet it ionersshall be deem ed t 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 up t hese pet it ions are disposedofwit h t he following direct ions i9 Such of t he Singh Gagan Preet 2014.04.26 14: 48 TRUE SCANNED COPY OF ORI GI NAL PHHC CHANDI GARH who have failed in 550I om erlt quot a JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 67 r CWP No 2914 of2010 16 are ent it ledt o be considered for beingbroughton List B under 35I o quot a on t he principle of providedt heyhave t he experience and are ot herwiseeligibleunder t he rulesl i 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 by t hemt o Lower SchoolCourse9 iii9 t he dat ed eligibilit ypriort o t he DGPs inst ruct ions 13022007 will be for t he course wit hout t he quest ionof m inim um bench m arks as prescribed under t he governm ent lnst ruct ions and in t heir prescribed under cases seniorit yand ot her eligibilit ycrit eria t he rules will be enough for t heir deput at iont o t he course t hepet it ionerswho becam eeligiblefor aft er t he issuance of t he inst ruct ionsdat ed13022007 and have achievedt he m inim um bench m arks be deput edt o t he course t heir j uniorshave bet t er benchm arks V int erse seniorit yof t he const able swill be det erm inedon t he basis of t heir seniorit yin t heir respect ivedist rict sin t he and not on t he m 0 C C5 I Z C I 08 QO e W3 Z CL basis of passing of t he Lower School Course in all such cases who are 1 ignored by t he above direct ions However t he int erse seniorit yof const able swill not be governed by t he above direct ions where senior W i2nored on account of pendencyof any disciplinaryproceedingsor who suffered any ot her disqualificat ionfor deput at iont o Lower School Course vO 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 a7ai1ab1evacancles Let t he claim oft he pet it ionersbe considered in t he lightoft he above direct ions and t heir deput at ionwhereI er Singh Gagan Preet 2014.04.26 14: 48 TRUE SCANNED COPY OF ORI GI NAL PHHC CHANDI GARH required be m ade in JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 68 CWPNo 2914 of2010 17 accordancewit h t heabovedirect ions A copy of t his order be placed on t he record of each connect ed 1108010 m BLS C 331JJ 6PERMODKOHLI I 0e JUDGE Not e Whet hert o be referredt o t he e YES 0 C0 I C5 I Z r I 08 7 Z r 1 Singh Gagan Preet 2014.04.26 14: 48 TRUE SCANNED COPY OF ORI GI NAL PHHC CHANDI GARH 1 JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document