IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 1470 of 2007 Date of Decision:21.1.2008 Sub Inspector Mohinder Singh ...Petitioner Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. J.P.Dhull, Advocate for the petitioner Mr. Harish Rahtee, Senior Deputy Advocate General, Haryana for the respondents. -.- JASBIR SINGH, J.(ORAL) Petitioner is working as a Sub-Inspector in the Department of Police, State of Haryana. Initially, he was inducted in service as a Constable. He was promoted to the post of Asstt. Sub-Inspector on adhoc basis in the year 1990. Subsequent thereto he was promoted to the post of Sub Inspector of Police. It is his prayer that he shall be deemed to have been promoted on regular basis w.e.f.12.11.1990 when adhoc promotion was given to him . He has laid challenge to the order dated 25.5.2006 (Annexure P-3) vide which his request was declined. Perusal of the documents referred to above indicate that request was declined on the ground that the petitioner does not fulfill necessary qualification for regular promotion to the post of ASI. Petitioner wants out of turn promotion in sports quota. It is his contention that 10% posts are reserved for the said purpose. At the time of arguments his counsel has failed to show any rule in that regard, showing that even for 10% sports quota, a candidate can get out of turn promotion, without acquiring the minimum qualification. Counsel has also failed to show us that any promotion was made without the candidate C.W.P. No. 1470 of 2007 -2- concerned having passed Intermediate School Course. In order dated 25.5.2006 (Annexure P-3), it was observed thus:- “He has not passed Intermediate School Course so far which is pre-requisite for regular promotion as ASI. As per decision dated 12.4.2004 of the Hon'ble Supreme Court of India Appeal No. 2273/2004, the benefit of 10% quota is to be given to Head Constables promoted under Rule 13.8(2) of PPR. Since the petitioner has already gained regular promotion as HC w.e.f. 9..6.84, he is not entitled to claim the benefit of 10% quota under Rule 13.8(2) of PFR. Further, adhoc promotion as ASI or SI cannot be treated as regular promotion as already clarified in ORP Policy circulated by this office. The Hon'ble Supreme Court in the case titled as P.K.Singh vs. Bool Chand Chahlani and others decided on Ist April, 1998 observe that when adhoc appointment is made dehorse the rules, the said appointment would not ensure to the benefit of the appointee for the purpose of determining the seniority in the cadre.” We feel that reasoning given is perfectly justified. It is an admitted position that even by now petitioner has not passed Intermediate School Course. If that is so, in view of preliminary objection taken in the written statement, we feel that no relief can be granted to the petitioner in this writ petition. Dismissed. (Jasbir Singh) Judge 21.1.2008 (Jaswant Singh) joshi Judge