CWP No. 16008 of 1994 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 16008 of 1994 Date of decision: 28.11.2011 Paramvir Singh Constable and others ..Petitioners Vs. State of Haryana and others ...Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER PRESENT: None for the petitioners. Mr.Harish Rathee, Sr. DAG, Haryana. **** Mahesh Grover, J. (Oral). The petitioner had prayed that he be deputed to the Lower School Course. The respondents have filed the reply and also submitted an affidavit dated 03.11.2011, Wherein in which para No.3 & 4, it has been stated as follows: "3. That as per rules 13.07(2)(ii) Punjab Police (Haryana Amendment) Rules, 2001 All constables irrespective of their education qualification shall be eligible to be brought on list B-1 seniority-cum-merit basis if they are under the age of 40 years and have completed 5 years of service on the first day of January of the year in which selection is made. It is submitted that the date of birth of the petitioner Sia Ram is 12.07.1961 and he has completed 40 years age on 12.07.2001. The name of the petitioner has not been brought in promotion list B-1 under 35% quota, seniority cum merit in the year 2002 and onward as he became overage i.e. above 40 years age as such he is not eligible for B-1 test for the year 2002 and onward. 4. That only such police officials in whose cases this CWP No. 16008 of 1994 -2- Hon'ble Court has directed to depute them only such constables have been deputed for Lower School Course after the age of 40 years. It is further submitted that only those officials are being deputed to Intermediate School Course who have already undergone the Lower School Course and there is no bar of age to depute the official for Intermediate School Course. The name of the petitioner Sia Ram has not been brought on list B-1 so he has not deputed for Lower School Course." There is no representation on behalf of the petitioner despite the fact that the case has been called out twice and no counter affidavit has been filed by the petitioners. In view of the aforesaid, the petitioner does not qualify for the Lower School Course in view of his age. This fact having been considered by the respondents, the prayer of the petitioners can't be granted, the petition is therefore without any merit and is hereby dismissed. November 28, 2011 (MAHESH GROVER) harjeet JUDGE