52 61 CWP No914 of2010 1 21 Jn theIlighCourt ofPunjab and Haryana at Date ofdecisior1 1082010 1 CWPNo2914 012010 1 Vs StateofHaryana and others 2 CWP No6427 of2009 0 Krishan Kumar and others Vs StateoofHaryatla anclothcrs 0 3 CWP N03329 of201 0 C0 RajbirSingh and othersVsState and othcrs 0 Z CWPN01403 of2009 Z Prem Singh Vs StateofHaryanaanclotllcrs 2 5CWP Nol34Ol of2010 r IHC Kulbir Singhand anotherVs StateofHaryana aild otll CrS I a5 6 CWP No536 of201 0 C KaptanSinghVs StateofHaryallaandolhers 7 7 CWPN07203 of2010 Z 13eshRajand othersVs Stae ofl4aryana aild others 8CWPN081470f2010 EHC RaInMehar and othersVs Stateofl1aryana and otheors a9 CWP No 6443 of2009 C Jai Pal and another Vs State ofHaryanaand otllers 10CWPNo06190f2009 SatyawanEHC Vs StateofHaryanaand others 41 CWPN0104870f2009 Head Constablc Ashok Kumar Vs State ofHaryatlaand ollhers 1 CWP N012237of2009 Rawat Seema 2014.04.26 10: 39 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 53 11 4i4 CWPN029140f2010 a2 Narender Kumar ConstableVs StateofHaryana andolhers 13 CWPNo2248 of2009 Jit SinghEHC Vs StateofHaryana and otllers 14 CWPNo 12253of2009 SubhashChanderEHC Vs StateofHwyanaand others m 15 CWP No 16975of2009 C 0 KrishanKumar EHC Vs StateofHaryana and others C 16 CWP No 8430 of2009 I 0 PannaLal EElC Vs StateofHalyanaand olhers I 1 7 CWP No 18863 of 2009 Z RajKumar and anotherVs StateofHaryana andothers C 18 CWP No18919 of2009 Kamal ParkashEHC Vs StateofHaryanaand others 08 19 CWP No636 of2010 CO c LadyConstableRajbalaVs StateofHaryana and others 2 Z 20 CWPNol775 of2010 Ll Rishi Parshad and others Vse StateofHmyanaand others 21 CWP No 2875 of2010 Il LadyConstable SumanVs StateofHtlryanaand others 1 22 CWP N029680f2010 we Sada Ram EHC Vs State ofHaryanaand others 23 CWP No 3338 of2010 KaptainSinghand another Vs State ofHaryanaand others 24 CWPN033670f2010 EHC Mohan Lal Vs State ofHaryanaand others Rawat Seema 2014.04.26 10: 39 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 54 e CWP No914 of2010 3 25 CWP N03556 of2010 IiansRam andothersVs StateofHatyana and others 26 CWPNoA258 of2010 Hari Krishan HC Vs Financial Coinmissioner2t PrincipalSccretary to GovernmentofHaryana and others 27 CWP NoA274 of2010 1 Q AmarSinghEHC Vs StateofHaryana andothers 0 28 CWPNoA749 of2010 0 I Mohindel SinghEASI and anotherVs Statcof Haryanaand others C Z 29 CWPNo765 of2010 Chlju Raln and anotherVs StateofHwyana and others Z 30 CWPN049600f2010 C RajbirSinghandothersVs StateofHaryana and others Z 08 31 CWP No 4963 of2010 Cll Satbir SinghVs StateofHaryana and otheors Cr a7 32 CWP No7923 of2010 Z r1 Jaivir Singhand othersVs StateofHaryana andothers 33 CWP No 6031 of2010 HardayalHC and otllers Vs StateofHaryanaand others CORAM HONBLE MR JUSTICE PERMOD KOHU Present Mr SeK Redhu Mrllikram SinghMrSeN Yadav IvlrlOinesh Malik Mrritam Sainl Mrurender Lambo MrRP Singh Advocatesfor the petitioners Mrl2S Kundu Addl AG Haryanaforthe respotldents PERMOD KOl4LI J Rawat Seema 2014.04.26 10: 39 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 55 V4 CWPNo914 of2010 4 On thebasisof coinmon and identicalissuesboth on factsand law all thesepetitions are beingdecided bythis comlnon order The entire controversyrelates to the of Rule 137 ofthe PuniabPolice Rules 1934 as applicablc to the StateofHaryana and amended vide Punjab Police Rules 2001 m Q hereinafterreferredto as the Rules This rulerelatesto for 0 Lowei School Coutse and for enlistingof the eligibleofficers in List C0 for their proinotion The amended rule subjectmatter of debate ln the I C9 presentwrit petitionsis hereunderl X 4t 1 37Selection of candidatesfot admissioil to Z 5 courses at the Police TrainingCollegee List C B 6inForm 139 shall be maintained by cach of Police It shall include the 08 Cfl names of all constables selected for adnlission t mv0 to the Lower School Course to be held at the Z tlm Police TrainingCollegeSelection to the list B shall be made 111 the month of Januarycach yearand shall be limited to thenulnber olfseats allotted to the district for the year The number C4 of seats in Lower School Course lll a year shall be on the basis of existingvacancies and the vacancies likely to be created within one year in the respectiveUllllls 50 of the seats allotted to a unit in the Lower Schoo I Course shall be ftlled in on the basis of a competillve Rawat Seema 2014.04.26 10: 39 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 56 41 CWPN029140f2010 5 examination35 on the basis of seniority cutnfltnessand 10Io on the basis of consisteilt in Gold or Silver Medal in All ndia Police MetINationalGamesor display of Ct duringthe course of of 0 official duty Selectionofpersonsagainst55Io C X seats ltl Iistllowerschool on the basis of omerit C5 I shall be done by a Pronlotion Z Committee on thebasisofl CC 1 Examinationofservices and Cr I 08 2 A test called Jel test 1111 ra Z tl a1Prade b9Law andpracticalpolicework and 3 An Interviewe 2 6il All constables irrespectiveof their C educational qualifications shall be eligibleto appearfor Be l test if they are Under the age of 35 years and have completed 5 years of service on 1 day ofJanuary ofthe vear ltl which selection is made However if a Rawat Seema 2014.04.26 10: 39 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 57 f 4 CWP N02914 of2010 6 constable to reserved category whois recruitedafter attaininle age of 27 years as perGoveminent instructionslorders then he shall be allowed to appear for mlllllnum three consecutive chances after m C evenifhe 0 has crossed the age of 35 years up to a C I llllllllnUm of 10yearSe C I 6iil All Constables of their educational shall be eligibleto C 4t I be broughtOll List B1 seniority cum Inerit cll basis ifthey are under the age of 40 years CQ and have 5 years of service on the e Z first day of Januaryof the year lIl which CL selection is made 99 The StateofHaryanaissued instructionsdaloed1302007 the lllllllinuin lnerit to fulfill tlle criteria for seniority 1 cumStness relying upon the observations of tllis Court in tlle case of W Naresh Kumar Vs State of Harvana and others CWP No7952 of 2004 decided on 051 2004 Director General of Police Haryaila issued these instructi ons prescribing minimum bench marks for selection to BI list under 350Io quotae The rclcvant extract of tlle instructions dated 13022007 4nnexure Pm79111CWP No6427 of Rawat Seema 2014.04.26 10: 39 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 58 46its CWPN029140f2010 7 2009 is hereunder1 3 In view ofthe Honble High in the NareshKumar case supral it has beell decidedto flx thebench inarksoforfltnessunder 35Io quota The m Ct assessnlent of service record should be lnade 0 C on the basis of educatio traing courses X C5 passedcommendationcertiflcates and length of service etc as givenin PPR 137 All the et Z candidates who obtain a mtnimum 31 marks r lr 01 lllore would be dceIned to be fit for er X selection of B l seats agalIlSt35Io cluota on the c6 basis ofinter seniorilyof the candidatsand C0 7 for all such candidates llltermsesenioritywould Z be the sole criteria for their turll Oll Qm under 35Io qota ln view of the explicitorder 1 ofHigh Courto Please take further necessary action 95 Ce The validityof these instructionshas been upheldby this Court in Hawa Sinh Vs State ofHElryanandothers CWP No1 194 of20051decided on 14052008 There are three sets of writ petitions undcr consideration The same are broadlycategorised ill the following mannerl a9 the eligibilityofthe candidates who appearedin 55Io merit Rawat Seema 2014.04.26 10: 39 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 59 4ir CWP N2914 of2010 quotauilderRule 133 6216i to beconsideredfor under350Ioon basis under rule 133 21 il even if theyhave failed under 550Ioquota b considerationof the candidateswith Iessthan 35 yearsof age as on Ist dayof Januaryof the year in which selection is made in 35lo 1 f quota 0 C 9 intereseseniorityof the candidates on the basis of bench inarks 0 I ltl termsof DGPs instructions dated13022007 C5 I From the reading ofRule 1377 oitemergesas follows Z 6a that 55Io ofthe seats allotted to a Unit llll the Lower School W Course are onleant to be Slled 111 on thc basis of C Z examlnation 08 6b9 35Io ofthe seats on the basisofsenioriolnltness aild Qo c 10Io seats on the basisof consistent lll m7 Z etc Om Selection against55Io quota ls to be made by the Promotional Committee All the cotlstables oftheir educational who are lessthan35 years of ageatld have completed5 years of service on Ist dayofJanuaryofthe yearof C selection are eligibleto appear for B1 test under omeritseats of 55Io quota Similarly all the constables irrespective of tllell educational qualificationhavingcompletedOve years ofservice and in the age of 40 years On the Ist day of Januaryof the year of selection Rawat Seema 2014.04.26 10: 39 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 60 10 41Ie CWPNo9140f2010 ee9 are eligibleto be on list B1 on the basis of senioritylme meritagainst 35Io quota Sportspersons under 1o quota are to be considered subjectto in the abovc two categories C Thecontroversyrelating to the eligibilityofthe candidates 0 who failed to secure the merit in the examillatoioll 0 I under 55Ioquota to be againconsidered under 35Io C5 merit quotacameto be consideredby a Division 13enchof this Court Z ltl NareshKumars case 6supralThis Division Bench judgmenl WElS before the Honble Court in SpecialLeave to C Appeal 6Civil9Nol 0409 of2005 which hasbeen csmissed in limine I a5 on 10052005 1 A similar issuecame up fot considerationbeforetllis Court em Z ln the case of Hawa Singh Vs Stateof Harvana and others CWP Il No1194 of20051decided on 14052008 After admissionofthe wril petitionbythe Honble Division Bench the inatller was consideredbya learnedSingleJudgeof this Coutt for flnal disposal on 291 12006 1 The learned SingleJudge of this Court was of the opinionthat certalll C proVlSlOns of Rule 137 ofthe rules were not broughtto the notice of the Division Bench and on that basis a reference was made for consideration of the writ petitionand other connected matters bv a Division Bench of this Court The aforesaid wrill petitioncaine to be heard by a Division Bench ofthis Court Thc Hollble Division Bench Rawat Seema 2014.04.26 10: 39 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 61 11 CWPN02914 of2010 10 vide its dated 14052008 affirned the ratio 1011Naresh Kumars case supra9 with thefollowing observationsl In view of the facts nentioned above these writ petitions are allowed in the same terins as 111 Naresh Kumars case 6supra The lr are directed to deputethe 0 C petitionersl to the first Lower School Course 0 which will commence after the proloullcement I of judgment lll this case Hwever The Z Petitiollershall be deemedto have qualioed 111 2 r the Lower School Course from the datewhen er r other constables have qualified whose nalnes oll were approved to undergo Lower School 0 7 Coursevide selectlist Annexure1l It is made Z clear that if by getting date of Clw passingthe Lower School Course the petltionerbecameeligiblefor thei he will get only deemed beneOts without gettingany actual financial beneflts 111VleW of C principleof no work no pay as laid down by their Lordshipsof the Honble SupremeCourl in Union of India and another vse Tarsem Lal and others 20069l O SupremeCourt Cases 145 99 Rawat Seema 2014.04.26 10: 39 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 62 11 CWP N02914 of2010 1 Hollble theDivision Bench furtherconsideredtlhevalidityof theinstructionsdated 13022007 anduphclditlsvalidoity with the following observations So far as CWP N03609 of2007 is concemed ltl that writ petitionselect list prepared t undergo e Lower SchoolCourse on thebasisof instructions C 0 dated 13022007 as referred to above has been C challengedAs has beenheld earlier above said I C9 instructions are perfectlyjustiftedand are tll C consonance with the directions issued by this 2 Court in Naresh Kumars case 6supral 51 a r The claiins of some of the writoetitioners for deputing to Z Lower School Course have been rejected on the groundthattlleybaving 08 faiied in 550Iomerit quotaare not entitledto beconsidcredfor beingbrought 1 C on List B1 in 350Ioquota The claims of sonle ofthe writ petitioners have 7 Z beenrejectedfor beingbroughtin List B1 under 350Ioquotaon theground Cle that theywere of less than 35 yearsof age as on Ist dayofJanuaryofthe year of selection In some cases the claims have been rejectedfor non achievingthe llllllilnum 31 bench marks in terms ofthe DGPs instructions dated 022007 In Naresh Kumars case supral the Honble Division ew Bench ruled the eligibility ofthe constbles for their consideration both in 55Io and 350Ioquota This judgmenthas attained finality The SLP has also been dismissed by the Honble SupremeCoun The ratio of the said judgmenthas been reiterated in Hawa SingWscases suprao as also in Constable Dhannbir Vs State of Harvana and others 2009 19RSJ 310 whereinthe followingobservations have been made Rawat Seema 2014.04.26 10: 39 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 63 r 1 CWPN09140f2010 m12 13 So there are three distinct with their own aIld for for consideration There is no bar to of a constablcin any categoryif he fulfillsthe eligibilitycriteria ie ifhe is eligible ill W all three he has a statutoryrightto 0 in all three categoriesThe Rules 0 C0 do not categorlzeor requiresome ininilnum agc I 0 foreligibility under any ofthc categoriesWhat it X i s the upper age Iinlit for consideration e Z undera particular categoiy 5r 4 tr Despitethese instructions certatn issucs referred to r X hereinabovehave againcroppedul The controversv regardingthc 08 ofcandidatesunder35 yearsofagefor beingbrought on List 131 CQ for 35Ioquotaagaincame upfor considerationbyanotherDivision Bench Wo Z Courtin Dhannbirs case supraland Bahi Sinl and othersVs ofthis 0 State ofHaryana and others 2009 629RSJ 463 In Dharmbirs case 6supral aDivision Bench ofthis Court held as underl 17 17 A conjoint rcadingof both the subruleswould show that onlythe upper agelimit C has been prescribed under the rules and no rninimum age has been prescribedeither under subule 26i9 or suberule 2io which ineans that if a constable fulfills the requireinent of the upper age and the other qualificationsprescribedunder the respectivecategory as per subnruJe 2 there is Rawat Seema 2014.04.26 10: 39 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 64 Il 1 CWPN029140f2010 13 no bar to his considerationunder each of thenl Meaninglherebya constable who is eligiblelll one categoryunder Rule 133 21 can also be considered111the other categoryunder Rule 133 2 ii of the PuiljabPolice Rules as there IS 110 1 bifurcation between the rules as far as the 0 eligibility1S COllCertled with regard to the C llllrllnlum age as none is prescribed C0 18 The nliniinum age if prescribedby way of I executive nstructions would go against the Z 5r lllterest of the Constables who are otherwise CC eligibleunder the statutoryRules Rule 137 X i confers a rightwhich a Constable attains on 05 Oo the basis of his seniority 111 the service As and 1 WK when his turn comes based on the seniority a right Z to consideration devolves on hin This rightOtl tl the basisofhis cannot be deprived on the basis of executive instructions This would be 111 contravention to the statutoryrulcs and lherefore C not sustainable 22 What emerges from the above discussions 18 that a constible who has completed5 years of service on the Isl day of Januaryof the year 111 which the selection is made is under the age of35 years and is eligible for considerntion and selection for includinghis name in List l of Rawat Seema 2014.04.26 10: 39 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 65 1 15 1 CWPN029140f2010 e14 selectedconstablesfor admissionto Lower School Courseunder the 55Io quotaon the basisof merit as per Rule 133 296Oofthe PunjabPolice Rules 1934and having in the test 1 ancl failed or was Uilable to get m enlistmentdue to Iower merit can also clailn C considerationand selection under the 35Io quota 0 C Oll the basis of as per Ru le Z 0 13 621 il if he is eligibleunder both the I categories Z As noticed above the constableswho have auained ininimlllll 2 r 31 benchtnarks under 35Io quotahave been ignoredand theirjuniclls IVCIC I deputed to the course on the groundthat theyare more meritorious Ilttvillg 08 betterbench marks This issue is in fact covered underNaresh Kuinars CQ et case 6supraand came to be claried in Balrai Singhs cass 6supra IW2 Z whereinit has been held that whereeevera junior has been deputedfor C Lower SchoolCourse ignoring the claim ofthe seniorsmerely on thc basis ofthe higherbench inarks the senior be for the course and he will be deemedto have passedthe course from the datehis juniorhasqualif3ed 4 In such situation senior will retain his seniority 4we There is another aspect of the matter The DGPs instructions dated 13022007 are onlyprospectivein nature Prior to these instructions no bench marks were prescribedunder the statutoty rules and tllus all those constables who acquired eligibility prior to issuance of these instructions have been denied the deputation to thc Lower School Course for non achieving the minirnum bench marks It is settled Iaw that Rawat Seema 2014.04.26 10: 39 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 66 I4 744 CWPN029140f2010 e15 instructionscannot overrulethe slatutoryrules Thus thcse instructionscannot be into serviceto constablesoftheir rightfor for not havingachievedthe ininimumbench inarks as under these instnlctions issued later Thus such of tlle constableswho became eligible priorto issuanceoftheseinstructionsand 1 for not achieving thelniililnumbenchinarksare to be for Q Lower School Courseand on successful ofthe course theyare 0 0 to be treated senior than their juniorswho were earlier dcputed to the X C5 Lower SchoolCourse In other words theywill retalll theirseniorityfor X beingbrought on List Bl thattheywere Ifortllc er Z course Iaterthan their juniorsor theydid not achieverninl inunl bench tr marks e r Similarlysuch of the constableswho are ignoredon account 08 of achievingless than the bench lnarks then theil juniorsare CO e alsoentitledto be deputed to the course and ooncompletion ofthe same will vmlo Z retaintheir seniority over theirjuniors r In some of the writ petitionsthe constables have already completed the Lower School Course but they have been denied the senionty over their juniorsOll the ground that tlle juniorswere either havingbetter bench marks or deputedfor the course lotor in time than the C writ petitioners In view of the above observations these writ petitioners shall be deemed to be senior to their juniorsdeputedearlier on account of better bench marks or on any other groundof eligibility To suln up these petitions are disposedofwith the following directionsl i9 Such ofthe who have failed in 55Io merit quota Rawat Seema 2014.04.26 10: 39 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 67 1 CWPNo29140f2010 6e areentitledto be consideredfor beingbrought on L0istB under 35Io quota on the principle of providedtheyhave the requisite experience and are otherwiseeligibleunder the rules iO such ofthe constableswho were lessthan 35 yearsofageas on the day oftheir considerationbut not nlore than 40 years theywill be entitledto be e C brought on List B1 by themto Lower School Course 9 0 iii9 thepetitioners who acquired priorto the DGPs instructiollS C dated 13022007 will be deputed for the course without the I C5 questionof minilnulnbench marks as prescribedunder the governinento Z e tnstructions and in their cases seniorityand other eligibility Crilen a Z prescribed under the oruleswiIl be enough for tlheir to the course A iv thepetitioners who becameeligiblefor afterthe issuanceof the instructionsdated 13022007 and have achievedthe mininlumbench 08 C2 nlarkS be dePUtedto the course thejrjuniorshave better bench marks 3 Z v 111erSeSelliOritY Ofthe constableswill be detertninedon the basjsof Ll their seniority in their respective districtsin the and not on the basis of passingof the Lower School Course in all such cases who are ignored by the above directions However the intereseseniority of constableswill not be governedby the above directionswhere senlOr WOS e rgnoredon account of pendencyof any disciplinaryproceedingsor who suffered any other disqualification for deputationto Lower School Coursee vi deputationof the petitionersshall be inade on the basis of their seniorityin their respectivedistricts and againsthe avaiable vacancies Let the claim ofthe petitionersbe considercd in the lightofthe above directions and their deputationwhereeever required be made in Rawat Seema 2014.04.26 10: 39 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 68 CWPN0 2914 of20l0 17 with the abovedirections A copy ofthis order be placed on the recordof eachconnected tlle a 0e 11082010 6PERMOD KOHL19 BLS JUDGE m 0 4emeee Whether to bereferredto theReporter2YES Notel 0 C C 4 X 5 Z9i m Ctl e I c5 CO mY3 Z C Rawat Seema 2014.04.26 10: 39 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document