CWP No.11321 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.11321 of 2010 Date of decision : 28-11-2011 Kuldeep Kumar .... Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present: Mr. Ravi Kant Sharma, Advocate, for the petitioner. Mr. Harish Rathee, Sr. DAG, Haryana, for the respondent-State. MAHESH GROVER, J. (Oral) In this writ petition, the petitioner prays for appropriate directions to be issued to respondent Nos.1 and 2 to grant him appointment as a Constable. The grievance of the petitioner is that he had applied for the post of Constable and after successful selection, he was at no.8 of the merit list but was declined appointment as he was found to be medically unfit. He was examined at Civil Hospital, Ambala on 27.10.2008 and the minor hearing defect was noticed. The petitioner was referred to ENT Department of PGIMER Rohtak for opinion and the doctors in the said institution examined him and advised the petitioner to get his right ear checked from Delhi ENT Hospital & Research Center. The petitioner was operated upon for a minor treatment on 31.03.2009 and his defect was cured. He was found fit to avail the employment after having earned an opinion from Delhi Hospital on 12.05.2009. Unfortunately for the petitioner, in the meantime, the process of CWP No.11321 of 2010 -2- selection was completed and the training course of Constables started on 10.2.2009. The petitioner states that since he was higher in merit and was declared medically fit, subsequently, he should have been given the employment in accordance with sub-rules (17) to (22) of the rule 12.16 of the Punjab Police Rules. The same is extracted here below:- "(17) On completion of the interview/personality test all the candidates who had qualified the physical efficiency test and had appeared for the personality test will be arranged as per their interse merit on the basis of the marks secured by them in the physical efficiency tests and interview. Separate merit lists shall be prepared for the general candidates belonging to the Backward Classes, candidates belonging to Scheduled Castes/Scheduled Tribes and to the Ex-service-men category. (18) From the lists so prepared names of as many candidates as there are vacancies plus a reserve of 7% there of shall be recommended by the Selection Board to the unit for which the selection had been made for medical examination. (19) To remove the grievances, if any, of such candidates who had not been selected by the Selection Board and where dissatisfied with its verdict, a Deputy Inspector General of Police so nominated by the Director General of Police shall hear their complaints and take appropriate follow up action. (20) The names of all such candidates who appear before the Deputy Inspector General with a complaint shall be entered in another register to be called complaints Register to be maintained in form No.12.16(D). A summary of the complaint and the action taken thereof on shall be entered in this register duly authenticated by the Deputy Inspector General hearing and deciding about the complaints. The names of the candidates in the complaint register shall be as per their registration numbers in an ascending order. (21) However, out of the candidates who are declared CWP No.11321 of 2010 -3- medically fit, only the candidates as per the notified vacancies plus a reserve of 4% shall be taken up for police verification by the unit concerned. (22) Candidates shall be appointed as constable as per the notified vacancies for the concerned unit and the candidates who are left for want of vacancies even though they have been found medically fit and their character had also been verified as good, shall be deemed to have not been selected finally and there shall be no waiting list." This Court on an earlier occasion after noticing the grievance of the petitioner and the hardship that he has faced, prima facie opined that the petitioner was not fairly treated and granted time to the respondents to enable them to see if the petitioner could be accommodated. Communication by the Commandant 1st Battalion, Haryana Police, Ambala City has now been placed on record as Mark A wherein it has been stated as below:- "The sub-rules (17) to (22) of the rule 12.16 of the PPR provide the clear procedure with respect to the inter-se merit, medical examination, police verification and the waiting list w.r.t. to the candidates to be appointed/recruited on the post of constable. These rules, inter-alia, provide that from the inter-se-merit lists prepared by the Selection Board names of as many candidates as there are vacancies plus a reserve of 7% thereof shall be recommended by the Selection Board to the Unit, for which the selection has been made, for medical examination. Out of the candidates who are declared medically fit, only the candidates as per the notified vacancies plus a reserve of 4% shall be taken up for police verification by the unit concerned. Candidates shall be appointed as constables as per the notified vacancies for the concerned unit and the candidates who are left for want of vacancies even though they have been found medically fit and CWP No.11321 of 2010 -4- their character had also been verified as good, shall be deemed to have not been selected finally and there shall be no waiting list. Hence in the present case Kuldeep, who had been found medically unfit as per report of PGIMS Rohtak was not selected finally and has not been allotted the constabulary number. In his place, as already averred in the written statement of the said CWP, Amit Kumar S/o Shri Dalbir Singh has been granted appointment after completion of the necessary formalities given under the above said rules. Thus under the said rules once the candidates have been appointed as constables as per the notified vacancies there shall be no writing list and any question of re-medical examination after the candidates have been appointed as per the notified vacancies does not arise at all." On due consideration, this Court does not find any illegality committed by the respondents. Mere hardship cannot be made a basis for intervention if otherwise the entire selection and the process leading to selection has been fairly adopted by the respondents. However, keeping in view the fact that the petitioner was successful in obtaining a meritorious position and was subsequently declared fit by the medical fertility, it will be appropriate to dispose of the petition with an observation that in case, in future, any vacancy arises, the case of the petitioner be considered with sympathy that he deserves. Disposed of. (MAHESH GROVER) 28-11-2011 JUDGE manju