St at e ofHaryanaand olllers 10 CWP No 6619 of2009 Sat yawanEHC v. St at e ofHaryanaand ot hers 11 CWPNo104870f2009 Head Const able Ashok

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 eof Haryana and am ended vide Puniab Police Am endm ent lRules 2001 hereinaft er referred t o as t he Rules This rule relat es t o dcput at ionfor Lower School Course and for enlist ingof t he eligibleofficers in List B for t heir prom ot ion The am endedrule subj ectm at t er of debat e in t he presentvm t pet t t ionsis reproducedhereunder 13Select ion of candidat es for adm ission lo courses at t he Police TrainingCollege l l B in Form 137 shall be m aint ained by each of Police I t shall include t he nam es of all const ables select ed fur adm issit on t o t he Lower School Course t o be held at t he Police TrainingCollege Select ion t o t he list B shall be m ade in 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 in a year shall be on t he basis of exist ingvacancies and t he vacancles likely t o be creat ed wit hin one ycar C 0 C C5 Z 5r 02j r m e Z CL 1 Cm e Radhika 2014.04.25 12: 32 True Scanned Copy Of The Original PHHC,Chandigarh t he respect iveunit 55I o t he seat s allot t ed t o a unit ln t he Lower School Course JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document shall be fllled in on t he basis of a com pet it ile 65 V CWP No2914 of2010 5 exam lnat lon 35I o t he basis of seniorit y cum m fit nessand 10I o on t he basis of consislcnt Gold or Silver Medal in All I ndia Police Meet lNat ional Gam es or displaof braveryduringt he course offlcial dut y Select ion of personsagainst55I o seat s lll list llower school on t he basis of m ert t 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 com pet it ivet est Jhereinaflercalled 131 t est lI ll a9Prade b9Law and pract icalpoliceworl alld 3 An I nt ervieue 2 6i9 All const ables irrespect iveof t heir educat ional qualificat ionsshall bc eligible t o appearfor B1 t est t heyare under t he age of 35 years and have com plet ed 5 years of service 1 day of Januaryof t he vear 1 r 0 C C Z C O 7 Z Om C Radhika 2014.04.25 12: 32 True Scanned Copy Of The Original PHHC,Chandigarh select ion is m ade However a JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 66 CWP N02914 of2010 6 const able t o reserved cat egory who is recruit edaft er at t ainingt he age of 27 yearsas per Governm ent inst ruct ionsiorders t hen he shall be al1oured t o appear m llllI llum t hree consecut ive chances aft cr cornplet ionof five years of service even if he has crossed t he age of 35 up t o a m m t m um of 10 years ii9 All Const ables t heir educat ionalqualificat ionsshall be eligiblet o be broughtOll List B basis if t hey seniorit ycum m ent are under t he age of 40 ears and havc com plet ed5 years of service on t he flrst day of Januaryof t he year in which select ion is m ade 99 The St at e of Haryanaissued inst ruct ionsdat ed 13022007 prescribingt he m lnim um m erit t o fulfill t he crit eria for seniorit ye cum fit ness relying upon t he observat ions of t his Court in t he case Naresh Kum ar Vs St at e of Harvana and ot hers CWP No7952 20041decided on 051 12004 Direct or General of Police Elaryana issued t hese inst ruct ions prescribing m inim um bench m arks select ion t o BI under 35I o quot a The relevant ext ract of t he inst ruct ions dat ed 13022007 Radhika 2014.04.25 12: 32 True Scanned Copy Of The Original PHHC,Chandigarh VlnnexureP7 il CWP No6427 JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 1 f 0 C C5 Z c 2 CL Gm 67 CI VPN029140f2010 7 2009 is hereunderl m C 0 Ca Cao Z 5e C 08 W2 Z L1 3 I n view oft he Honble High t he Naresh Kum ar case supra it has been decided t o flx t he bench m arks for fit nesst lnder 35I o quot a The assessm ent of 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 glven 111 PPR 137 All t he candidat es who obt ain a m inim um m arks or m ore would be deem ed t o be Ol 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 ereseseniorit vwot ild be t he sole crit eria for deput ingOll t heir t urn under 35I o quot aln view t he explicitorder of High Court Please t ake furt her necessary act ion accordingly99 The validit yof t hese inst ruct ions has been upheldby t 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 followingm annerl Radhika 2014.04.25 12: 32 True Scanned Copy Of The Original PHHC,Chandigarh a9 t he eligibilit v oft he candidat es who appearedin 550I o m erlt JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 68 Q 0 C C Z 5r 4 08 Ct Z W CWPN0914 of2010 8 prom ot lonquot aunderRule 137 62 0 t o be consideredfor prom ot ion under 35I oon seniorit cunm erit basis under rule 137 62 i t hev havefailed under 55I o quot a considerat ionoft he candidat eswit h less t han 35 years ofageas I st dayof Januaryof t he year in which select ion is m ade in 35I o quot aof seniorit recum nerit C 1 int erse seniorit yoft he candidat es OI l t he basis of bench m arks 111t erm s of DGPs inst ruct ionsdat ed 13022007 From t he readingofRule 137 0l9it em ergesas follows t hat 55I o of t he seat s allot t ed t o a unit lI l t he Lower School Course are m eant t o be filled 111 On t he basis of exam lnat lOI l b c 35I o oft he seat s on t he basisofseniorit ylnit ness and 10I o seat s et Ce on t he basis of consist ent lI l 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 ionalqualificat ionwho are less t han 35 years ofageand have com plet ed5 years of service I st day of Januaryof t he year of C select ion are eligiblet o appear for B1 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 ionhavingcum plet edfive years of service and 111 t he age of 40 years on t he I st day of Januaryof Radhika 2014.04.25 12: 32 True Scanned Copy Of The Original PHHC,Chandigarh t he year of seleet ion JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 69 CWP No2914 of2010 e 1 are eligiblet o be broughton on t he basis of m erlt against35I o quot a Sport spersons under 10I o quot a are t o be separat ely considered subj ectt o eligibilit yprescribedln t he above t wo cat egories The cont roversyrelat ingt o t he eligibilit yof t he candidat es who failed t o secure t he requisit em erlt ln t he com pet it iveexam inat ion under 55I o quot a t o be again considered under 35I o seniorit yln m erlt quot a cam et o be consideredby a Division Bench of t his Court lI l Naresh Kum ars case 6Supra This Division Bench j udgm entwas before t he Honble Suprem eCourt in SpecialLeave lO Appeal6Civil No10409 of2005 which has been dism issedin lim ille on 10052005 A sim ilar issue cam e up for considerat ionbeforet his Court 1I l t he case of Hawa Singh Vs St at e of Harvana and ot hers CWP No 1194 of 2005iecided on 14052008 Aft er adm issionoft he wr i t pet it ionby t he Honble Division Bench t he m at t er was consideredbv a learned SingleJudge of t his Court for flnal disposalon 291 12006 The learned SingleJudge oft his Court was oft he opiniont hat cert ain provlslons of Rule 137 oft herules were not brought t o t he not ice of t he Division Bench and on t hat basis a reference was m ade for considerat ion t he writ pet it ion and ot her connect ed m at t ers by a Division Bench of t his Court The aforesaid writ pet it ioncam e t o bc m t r 0 Cao 4 Z C 08 ClO C Z C 1 C heard by a Division Bench oft his Court Radhika 2014.04.25 12: 32 True Scanned Copy Of The Original PHHC,Chandigarh The Honble Division Bench JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 70 1 t r 0 CA C5 Z C45 C m w Z C Ce CWP No2914 of2010 10 vide it s j udgm entdat ed 14052008 afflrm ed t he rat io lll Naresh Kum ars case supra wit h t hefollowingobservat ionsl I n view of t he fact s m ent ioned above t hese wnt pet it ionsare allowed 111t he sam e t erm s 21S lI l Naresh Kum ars The direct ed t o deput et he pet it ioners9t o t he first Lower School Course wbich will conlm ence aft er t he pronouncem ent j udgm entlI l t his case Holt ever The pet it ionershall be deem edt o have qualiOedlll t he Lower School Course from t he dat e when ot her const ables have qualifledWhose nallles approved10 undergo Lower School Coursevide select list Annexure F1 I t is m ade t hat if by get t ing dat e of passiog t he Lower School Course t he pet it ionerbecam e eligible for 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 pay9 as laid down by t heir Lordshipsof t he Honble Suprem eCourl lI l Union of I ndia and anot her Tarsem Lal Radhika 2014.04.25 12: 32 True Scanned Copy Of The Original PHHC,Chandigarh 145 99 and ot hers o2006910 Suprem eCourt Cases JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 71 CWP No 2914 of2010 11 Honble t he Division Bench furt herconsidered t he validit yof t he inst ruct ionsdat ed 1302007 and upheldit s validit ywit h t he follouing observat ionsl So far as CWP N03609 of2007 is concerned lll t hat wril pet it ionselect list preparedt o undergo Lower School Course on t he basis of ilnst rucllOns dat ed 13O22007 as challenged referred t o above has been As has been held earlier above said inst ruct ions are perfect lyj ust ified and are consonance Wit h t he direct ions issued by t his Court in Naresh Kum ars case supral99 The claim s of som e of t he writ pet it ionersfor deput ingt o Lower School Course have been rej ect edon failed t he groundt hat t heyhaling in 5596 m erit quot aare not ent it ledt o be considered for beingbrought on List B1 been rej ect edfor in 35I o quot a The claim s of som e of t he writ pet it ionershare beingbroughtin List B1 under 35I o quot a on t he ground t hat t heywere of less t han 35 years of age as on I st dayof Januarv oft he year of select ion I n som e t he claim s have been reiect edfor non achievingt he m lnim um 31 bench m arks in t erm s oft he DGPs inst ruct ions dat ed 13022007 I n Naresh Kum ars case supral t he Honble Division 1 C 0 CAO 0 r Z V C 14 08 10 W Z C 4m a 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 ln Hawa Singhs cases supra as also in Const able Dhannbir Vs St at e of Harvana and ot hers 2009 19RSJ 3 10 wherein t he followingobservat ions have been m ade2 Radhika 2014.04.25 12: 32 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 72 a CWP N00914 of2010 12 13 So t here are t hree dist inct wit h t heir own qualificat ionsand requircm eilt sfor eligibilit yfor considerat ion There is no bar t o considerat ion of a const able in any cat egoryif he llfllls t he eligibilit ycnt erla leCe ifhe is eligiblelt l t hree cat egorieshe has a st at ut oryright t o considerat ion in all not cat egorizeor t hree cat egoriesTlle Rules requiresom e m lnlt num for eligibilit yunder any oft he What it specifiesis t he upper agelim it for considerat ion a part icularcat egory Despit e t hese inst ruct ions cert aln lSsues referred t o hereinabove have again croppedUPe The cont roversyregardingt he eligibilit yofcandidat es under 35 years ofagefor beingbroughton List I le l for 359o quot a againcam e up for considerat ionby anot her Divisioll Bench oft his Court St at e in Dharm birs case supral and Balrai Singhand ot hers Vs ofHarvanaand ot hers 2009 RSJ 463 I n Dhannbirs case a Division Bench oft his Court held as underl 17 A conj ointreadingof bot h t he subarules would show t hat only t he upper age lim it has been prescribed under t he and no rninim um age has been prescribed eit her under subule 2 c or subm rule2 ii9 which m eans t hat Lr 0 0 C Z m O 3 Z C r7 Radhika 2014.04.25 12: 32 True Scanned Copy Of The Original PHHC,Chandigarh if a const able fulfills t he requirem entof t he upper age and t he ot her qualifiat ionsprescribedunder t he respect ivecat egoryas per subule 2 t here I S JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 73 CWP No 2914 of2010 13 no bar t o his considerat ion under each of t heln 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 io of t he Punj abPolice Rules as t here is no bircat ion bet ween t he rules as far as t he eligibilit y 1S concerned wit h m inim um regard t o t he age as none is prescribed 18 The m inim um age if prescribedby way of execut lve lnst ruct ions would go againstt he int erest t he Const ables who are ot herwise eligibleunder t he st at ut oryRules Rule 13 ii9 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 com cs based on t he seniorit ya rigllt 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 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 15 t hat a const able who has com plet ed 5 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 of35 C 0 CA C Z m C c6 OO C 22 Cle C Radhika 2014.04.25 12: 32 True Scanned Copy Of The Original PHHC,Chandigarh select ion for inciudinghis nam e in List Be 1 of years and is eligible for considerat i on JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 74 e0 CWTPNo 2914 of2010 14 select edconst ablesfor adm ission t o Lower School Course under t he 55I o quot aon t he basis oflnerit as per Rule 137 oft he Punj abPolce Rules 1934 and having in t he com pelit ive t est l and failed or unable t o get enlist m ent due t o lower m erit can also claim considerat ion and select ion under t he 3596 qliot a t he basis of as per Rule 137 629 if he 1S eligibleunder bot h t he cat egorles99 As not iced above t he const ableswho have at t ained m inim um 3 1 bench m arks under 35I o quot ahave been ignoredand t heirj uniorswere deput edt o t he course on t he groundt hat t heyare m ore m ent orious having bet t erbench m arks This issue is in fact covered under Naresh Kum ars 6supra9and cam e t o be clarifled in Balrai Singhs cass supral wherein it has been held t hat whereever a j unior has been deput edfor Lower School Course ignoringt he claim oft he seniors m erelyon t he basis t he higherbench m arks t he senior be deput edfor t he course and he will be deem ed t 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 oryrules and t hus t hose const ables who acquired eligibilit y prior t o issuance of t hese a C 0 C C Z 08 C0 C m eeo Z Clm 1 44 Ce inst ruct ions have been denied t he deput at iont o t he Lower School Course for non Radhika 2014.04.25 12: 32 True Scanned Copy Of The Original PHHC,Chandigarh achieving t he JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document 75 1 C 0 C 9 e Z C CWP No914 of2010 15 governm entlnst ruct ions cannot overrule t he st at ut oryrules Thus t hese inst ruct ionscannot be pressedint o servlce t o deprillet 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 achievingt he m lnlm um bench m arks are t o be deput edfor 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 cdt o t he Lower School Course I n ot her words t heywill ret aln t heir seniorit yfor beingbrought onList Bl t hat t heywere for t he lat er t han t heir j uniorsor t heydid not achieve m inim um bench course m arks Sim ilarly such oft he const ables who are ignoredon account O2j achievingless t han t he bench m arks t hen t heir JUniors are Z 1 7 C9ee also ent 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 uniors I n som e 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 senlorit y over t heir j uniorson t he ground t hat t he j uniorswere eit hcr havingbet t er bench m arks or deput edfor t he course prior in t im e t han t he Writ pet it ioners I n view oft 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 SUin up t hcse pet it ionsare disposedofwit h t he followingdirect ions who have failed in 550I om erit qLiot a JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document Radhika 2014.04.25 12: 32 True Scanned Copy Of The Original PHHC,Chandigarh i9 Such oft he 76 CWP No 2914 of2010 16 are ent it led t o be consideredfor beingbroughton List B under 35I o quot a t he principleof seniorit yculneritprovidedt heyhave t he requisit e experienceand are ot herwiseeligibleunder t he rules ii9 such oft he const abieswho were less t han 35 years ofageas on t he day oft heir considerat ion but not m ore t han 40 years t heywill be ent it ledt o be broughton List B1 by deput ingt hem t o Lower School Course 3 iii9 t he pet it ionerswho acquiredeligibilit ypriort o t he DGPs inst ruct ions dat ed 13022007 will be deput edfor t he course wit hout t he quest ionof m inim um bench m arks as prescribedunder t he govem m ent lnst ruct lOI lS and in t heir cases seniorit yand ot her eligibilit ycrI t ert a prescribedunder t he rules will be enoughfor t heir t o t he course t he pet it ionerswho becam eeligiblefor deput at ionaft er t he issuanceof t he inst ruct ionsdat ed 13022007 and have achieved t he m inim um bench m arks be deput edt o t he course t heirj uniorshave bet t er bench m arks v9 int erse seniorit yof t he const ables will be det enninedon t he basis of t heir seniorit yin t heir respect ivedist rict s in t he const abularyand not on t he basis of passingof ignored by t he t he Lower School Course in a11 such cases who are above direct ions However t he int erse seniorit yof const ables will not be govem edby t he above direct ions where senior was rgnored on account of pendencyof any disciplinaryproceedingsor who suffered any ot her disqualiflcat 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 vacancies Let t he claim oft he pet it ionersbe considered in t he light oft he Radhika 2014.04.25 12: 32 True Scanned Copy Of The Original PHHC,Chandigarh above direct ions and t heir deput at ionwhereI er required be m ade in JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document m Ct 0 C C Z t W L 08 f17 4t m Z CL 1 77 1 CHTP No 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 I l 6PERMODKOI 4LI a e JUI 9618 Not el Whet her t o be referredt o t he Report er2YES 1 9qJ I lO m C 0 C C Z 2 Ct 08 ClO 1a1 Z Ll Radhika 2014.04.25 12: 32 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:25 I attest to the accuracy and integrity of this document