IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH LPA No. 108 of 2007 Date of Decision: 06.12.2007 Ramesh Kumar Constable ......Petitioner through Mr. S.N.Yadav, Advocate versus State of Haryana and others .......Respondents through Mr. Rameshwar Malik, Addl. A.G.Haryana CORAM: HON'BLE MR. JUSTICE VIJENDER JAIN, CHIEF JUSTICE HON'BLE MR. JUSTICE MAHESH GROVER 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ***** Vijender Jain, Chief Justice (Oral) Counsel for the appellant has contended that the learned Single Judge has erred in his judgment and has not correctly appreciated Rule 13.7 of the Punjab Police Rules, 1934 which is reproduced as under:- “ 13.7- Selection of candidates for admission to courses at the Police Training College -(1) List B (in Form 13.7) shall be maintained by each Superintendent of Police. It shall include the names of all constables selected for admission to the Lower School Course to be held at the Police Training college. Selection to the list B shall be made in the month of January each year and shall be limited to the number of seats allotted to the district LPA No. 108 of 2007 -2- for the year. The number of seats in Lower School Course in a year shall be allotted to the basis of existing vacancies and the vacancies likely to be created within one year in the respective unit. 55% of the seats allotted to a unit in the Lower School Course shall be filled in on the basis of a competitive examination, 35% on the basis of seniority-cum-fitness and 10% on the basis of consistent outstanding performance in job/obtaining Gold or Silver Medal in All India Police Games/Duty Meet/National Games or exceptional display of bravery during the course of performance of official duty. Selection of persons against 55% seats in B.List/lower School, on the basis of merit shall be done by a Departmental Promotional Committee on the basis of :- i) Examination of service; and iii) a competitive test (hereinafter called 'B-1 test') in, a) Parade; b) law and practical police work ; and ii) an interview.” It has been contended before us by the learned counsel appearing for the appellant that the selection to List-B is made on the basis of the age which should be less than 35 years at the time of preparation of list which is done in the month of January of each year and such list should be limited to the number of seats allotted to each district for the year. He further contends that petitioner was less than 35 years of age in the month of January, 2005 and it has been wrongly held by the learned Single Judge that the appellant having been born on 15.03.1970 was more than 35 years of age when selection to list B-1 was made. LPA No. 108 of 2007 -3- Learned counsel appearing for the respondent-State of Haryana while admitting the fact that age has to be seen on the day when the list is to be prepared in the month of January of each year, very fairly conceded that appellant, who was born on 15.03.1970, was less than 35 years of age in the month of January, 2005 and he was wrongly excluded from the list of B-1 test for the Constables which was to commence from 10.12.2005. He further concedes that appellant was wrongly excluded from the list on the ground that on the day of start of course, he was more than 35 years of age. He also conceded that non-inclusion of the appellant in the list of selected candidates and non-sending his name for the course was totally improper and unjustified. In view of the aforesaid fact, we allow the appeal and set-aside the impugned order dated 07.03.2007. The respondents are directed to depute the appellant for B-1 test of the constables in the next batch. (VIJENDER JAIN) CHIEF JUSTICE (MAHESH GROVER) JUDGE 06.12.2007 'ravinder'