85 41 CWP No 2914 of2010 1 ln theHighCourt ofPuniaband Haryana at Dateofdecisionlll082010 1CWPN0291402010 Vs StatcofH2rvanaand others 1 CWPN042702009 m lee en eOe eenve t Krishun lCmar and 0lcrs VS Stale ofHaryanaand others 0 C 3 CWPN03329 of2010 Z RajbirSinghand othersVs dnd othcl S C0 Z 4 CWl No1403 of2009 Z Prcm Singh Vs Slate of Harvanaand othos re2 51WP No 3401of2010 Cr I1C KUlbir SingharidanotherVs State0171aryana aid otlcrs 3C 05 6 CWP No7536 ol2010 CO Sinel Slatc ofElarvona and odlers wao Z 7 CWPN0 7203of2010 Om Desh Rai andothersVs StateofHaryana and others 8 CWP No 8147of2010 EHC Rain Mehar and othersVs StateofHaryana and othcrs 9 CWP No 6443 of2009 C Jai Pal and another Vs State ofHaryanaand olhers 10 CWPN0 6619 of2009 SatyawlanJl5liC is Staie cf Iiaryanaand others 11 CWI No 10487 of2009 Head Constable Ashok Kumar Vs State ofHaryanaa othcrs 12 CWP No 12237 of2009 Batra Amit 2014.04.26 10: 14 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 86 4S CWPN029140f2010 2 NarenderKumar ConstableVs Slale oflIarvanaaod otls 13 CWP No 12248of2009 Jit SinghEHC Vs StaleofHarvanaand others 14 CWPN0 12253of2009 SubhashChander EHC Vs StateofHarvana and others m 15CWP N0169750f2009 0 Krishan Kumar EHC Vs StateofHaryana and others C0 16 CWP No 18430of2009 2C 5 Panna IaI EHC Vs StateofHarvanaand others 17 CWP 5io l 8863 0171009 2 Rai Kumar and another 1 7 StateofHarvana ood 001C15 V 5 1 C 18CWPNo 189190f2009 Kamal ParkashEHC Vs StateofHaryana and others 08 19 CWP No 636 of2010 120 LadyConstableRajbala Vs StateofHaryana and others 72 2 20 CWP No2775 of2010 Ll Rishi Parshadand othersVs StateofHaryana and others 21 CWP No875 of2010 1 5 1 1 Lady ConstableSulnanVs Ststeofllaryana and others 1 22 CWP N029680f2010 re Sada Ram EHC Vs State ofHaryanaand others 23 CWP No 3338 of2010 KaptainSinghand another V State ofHaryanaand others 24 CWP No 3367 of2010 EHC Mohan Lal VsStateofHaryana and others Batra Amit 2014.04.26 10: 14 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 87 1 CWP N029l40f2010 e 25 CWP No 3556 of2010 Hans Ram and othersVs StateofHaryana and others 26 CWP No 4258 of2010 Hari Krishan HC Vs Financial Commissionerc0PrincipalSecretarvto GovernmentofHaryana and others 27 CWP No 4274of2010 m C 1 EE V 5teofHarya undours Alllai 3 l illil 0 0 28 CWP 434749 02010 I Mohinder SinghEASI andanotherVs StaleofHarvanaand others C5 29CWPN047650f2010 4 Z ChhajuRaln and anotherVs StateofHaryana and others r 30CWP N04960 of2010 C RaibirSlnghand othersVs StateofHarvanaand others r O 31 CWPN04963of2010 Ctl Satbir Sinh 1Jc StateofHaryana and others 2 32 CW1 No7923 of2010 f1 Jaivir Singhand othersVs StateofHaryana and others 33 CWP No 6031of2010 HardayalHC and othersVs StateofHaryana and others Cv CORAM HONBLE MR JUSTICE PERMOD KOHLI Present Mr SK Redhu Mr Vikram Sing MrN Yadav MrDinesh Malik MrPritam Saini MrSurender Lamba A4RP Singh Advocatesfor the petitioners MrRS Kundt4 Addl AG Halyslfor tlle respolldelltse PERMOD KOHLI J Batra Amit 2014.04.26 10: 14 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 88 e CWP No 2914 of2010 4 On the basis of common and identicallSsues both on factsand IaW all thesepetitlons are beine decided by tbis common order Tlne cntire contloversv reiales li3 the of Rule 137 ofthe Punjab1301iceRules 1934 as applicable to the StateofHaryana and amended vide Punjab Police 4aryana Rules 2001 Cl referredto as the Rules This rule relatesto for 0 Lower School Course and for enlistingof the eligibleofflcers in List B for their promotion The amended rule subject matter of debatein the Z C5 presentwrit petitionsis hereunderl I 13Selection of candidatesfor adnlission lo 2 5 courses at trc Policc 11ainiilgCollege 19List ElC B 11 e 13715liali be inairitailled bv each Orm I of Police It shall include the 08 Ctl names of alJ constablesselectedfor adnlission t 3 Z to the Lower School Course to be held at the CL Police TrainingCollegeSelection to the list B shall be made 111the month of Januarv each 4 1 vear and shall be limited to the number of seats allotted tc lllc dlstrict for the year The number C of seats in Lower School Course in a year shall be on the basis of existingvacancies and the vacancies likely to be created within one year in the respectiveUlll 55Io of the seats allotted to a unit in the Lower School Course shall be filled in on the basis of a colnpetitive Batra Amit 2014.04.26 10: 14 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 89 CWPN02914of2010 5 examination 35Io on the basis of seniority cumitness and 10Io on the basis of consistent in Gold or Silver Medal in All India Police MeetlNational Gamesor displayof C braveryduringthe course of of Cl fficialdcly Selccon ofpersonsagainst55 CaO SealS 111istllower sellooi Oll llle basis ul n7rt i1sAlt C5 I shall be done by a Promotion Z Committeeon the basisof C 1 Examinationof services and r X o8 2 A test Ihereinaftercalled f10 testl1111 Se Z Clm a9Prodc b9Law and practicaipolicework and 3 An Interview 2 0i9 AJi constables irrespectiveof their C educational qualificationsshall be eligibleto appearfor Bl test if they are under the age of 35 years and have completed 5 years of servlce on 1 dav of January of the year in which selection is made Hovvever if a Batra Amit 2014.04.26 10: 14 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 90 1V CWPN029140f2010 constable belongingto reserved category who is recruitedafter the age of 27 yearsas per Government instructionslorders tllen he shall 1 allovved to lppear for tOC minimum three consecutive chances afler Cr compIetion of flve years of servlce even ifhe 0 C has crossed the age of 35 years up to a 0 mlnimum of 10 years I Z iil All Constables of their V Q educational be elieible to mc be broueht Oll j isl B l senioritl cutn ment 08 basis if thev are under the age of 40 years ClO 1 and have 5 vears of service on the Y2 Z flrst day of Januarv of the vear in which Cl selectionis made 92 The Stateof Haryanaissued instructionsdated 13022007 the mlnImum mertt to fulfi ll the criteria for seniorir 1 cumfltness relying upon the observalions of this 4Outl tllC casc of C Nah Kum2r Vs State of Haa98 CWP No952 of 20041decided on 051 12004 Director General of Police Haryana issued these instructions prescribing rninimum bench marks for selection to BI Iist under 35Io quota The relevant extract of the instructions dated 13 022007 6AnnexureI79 in CWP No6427 of Batra Amit 2014.04.26 10: 14 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 91 P CWPN029140f2010 7 2009s reoroducedhereunder 1 3 In view ofthe Honble High in the Naresh Kumar case 6supralit has been decidedto flx the benchmarksfor fitnessunder 35Io quota The m CL assessmentof service record should be made 0 on the basis of education tralllingcourses C Z passedcomrnendatlon cellticates and length C5 Z of service etc as Oileti i11PPR 137 All tllc Z candidates who obtain a lnininluiIi J alwAo r or more would be deemed to be fit for Ct 4r selection of B l seats against35Io quotaon the 08 basisof interse seniority of the candidatesand ClO for all such candidates intease senioritvwouId 2 Z be the sole criteria for deputingon their turn CL coler 3596 quola in VlCW Ol the explicitorder of Higll Court Please take lUrther necessarv 2 actlOn accordingly 13 The validityof these instructions has been upheldby this Court in Hawa Singh Vs StateofHaryanaand others CWP No1 194 of20059 decided on 14052008 There are three sets of writ petitionsunder consideration The same are broadly categorisedin the following mannerl a9 tllceligibility01the candidateswho appeared in 55Io inerit Batra Amit 2014.04.26 10: 14 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 92 10 e CWPN029140f2010 m8 promotlonquotaunderRule 137 0 i9to be consideredfor promotion under35Io on basis underrule 137 02JiiJeven if theyhave failed under55Ioquota b considerationofthe candidateswithlessthan 35 vears ofageas on lst dav of Januarv of the yearin whiclj selection is mt3dein 35 em Q quotaof senioritcuInmmerit 0 3 C 9 Jnterse seniorityof the candidates on the basis of bench marks X 111ternls of DGPs instructionsdated 13022007 0 I From thereadingofRule 137 619it emerges as followsl Z 6a that 55Io ofthe seats allotted to a unit in the Lowcr 0lluUi Course are nleant to be filled 111 on the basis of f t Z examinatiOl 05 b9 3596oflbe seais on the basisof seiitr1tvcumltnessl nncl CQ c J 10Yo seats on the basis of consistent performance lll me Z etc CL Selection against55Io quota 1S to be made by the Promotional Committee All the constables irrespective 1 oftheir educational who are lessthan35 years ofageand have completed5 years of service on Ist day of Januaryof the yearof C selection are eligibleto appear for Bl test undei licclts of 504 J quota Similarly a11 the constables irrespectiveof their educational qllalificationhavingcompletedfive years ofservice and 111 the age of 40 years on the Ist day of Januaryof the year of selection Batra Amit 2014.04.26 10: 14 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 93 er CWPN029140f2010 9 are eliihle 4e be 5rolb1 llst l l oo the basis Oll Ol sen iorltcurri inent ogalnsl3596quota Sportspersons under 10Io quota are to be considered subjectto eligibility the above two in categories Lr The controversyrelating to the eligibilityof the candidates 0 who failed to secure therequisite C0 ment lll the examination I under 55Io quota to be again considered under 35Io C5 senlOrltcun C nerlt uota CillC t1 toeconsidercd E7 0 10lsion 13enchof this Couit 2 Itl Naresll Kumars case 6Suprallhis Divlsiun 1 8ench judgmentclS W before the Honble Supreme C Court in SpecialLeave llo I Appeal6CivillNo10409of2005 which hasbeen dismissedin limine 08 on 10052005 m Aimilar issuecame up for considerationbefore this Court 2 Z 0 in the case of Hawa Singh Vs Stateof Haana and others 6CWP Clm No1194 of20051decided on 14052008 After admissioll ofthe writ petlti0r71211 thc t119116lc Dlvisioll Berlcli tlle rnalter was considered by a 1 1 learned Single 1 jue ol this Court for tlnal disposaIon 291 1 2006 The learned SingleJudge ofthis Court was ofthe opinionthat certain C provisionsof Rulel3 oftherules were not brought to the notice of the Division Bench and on that basis a reference was made for consideration of the writ petitionand other connected matters by a Division Bench of this Court The aforesaid writ petitloll came to be heard by a Division Bench ofthis Court The Honble Division Bench Batra Amit 2014.04.26 10: 14 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 94 l P CWP No 2914 of2010 0 vide its judginentdated 14052008 afflrlned the ratio in Naresh Kumars case lpra with thefollowing observatiollSl In view of the facts mentioned above these writ petltionsare allowed lll the sarne terms as l tl Nalesh Kuolars case supra The mm lr responaents ll directed to deputethe 14 1 66 0 C petitionerslto the first Lower School Course I which will commence after the pronouncement C5 I ofjudgment111 this case However The 4 Z petitioner shall be deemed to have qualified 111 the Lower SchooI Course from the datewhen Cr r other constables have qualifledwhose names 08 were approved10 underoo nwer School rf Course vide sclcc list Annexure T i It is made e2 2 clear that if by getting date of tl passing the Lower School Course the petioonerbecameeligiblefor promotionthen he will get only deemed benefits without gettingany actual flnancial benefits in view of Ce principleof no work no pay as laid down by their Lordships of the 140oic 5rreme Colrl 111Uriion of lndi and another vs arsem Lal and others 02006910 SupremeCoun Cases 145 59 Batra Amit 2014.04.26 10: 14 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 95 9 l CWP No914 of2010 ll Honble the Division Bench furtherconsidered the validitv of the instructiollsdated1302 2007 andupheId Jts Vaiitliiv 1 2 511017179 7V1 7V1 9 n observations So far as CWP No3609 of2007 is concerned 111 that writ petitionselect list prepared to undergo m C Lower SchoolCourse on the basis of ilnstructlons 0 dated 13022007 as referred to above has been 0 challengedAs has been held earlier above said Z C5 instructlons are perfectlyjustifiedand are in I consonance wlth the directions issued by this Z Coort in Narcs2ums case lsup W C The clnins of some ot ille wril petitionersi5ordeputing lU I Lower School Course have been rejectedon the groundthat theyhaving oll failed in 55Io merit quotaare not entitledto be consideredfor beingbrought CQ c OIl List B in 350Ioquota The claims of some of the writ petitioners have e2 Z beenrejectedfor beingbroughtin List B1 under 35Io quotaon theground Cl that theywere of Iessthan 35 yearsofageason Ist dayof Jantiaryof the year of selection ln some cases the clalms have been reiectedfor non 1 1 achievil tllc lninilnum 31 bench marks in tenns Otttle1361 llSUUll dated 1302 2007 ln Naresh Kumars case 6Silal lhe Hon5le Divisioil Gaem Bench ruled the eligibility of the constables for their consideration both in 550Ioand 35Io quota This judgmenthas attained flnality The SLP has also been dismissed by the Honble SupremeCoun The ratio of the said judgment has been reiterated 111 Hawa Singhs cases supra as also in Constable Dharmbir Vs State of Haryana and others 2009 19RSJ 310 wherein the following observations have been made 44 Batra Amit 2014.04.26 10: 14 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 96 m CWPN029140f2010 l7 1 3 So there are three distinct with their own and lor eligibilityfor consideration There is no bar to considerationof a constable in any categoryif he fulfills the eligibilitycriterla if he is eligible 111 m 0 all three he has a statutoryrighttO 0 consideration in 311 thrce catcgorles The Ruies C do not categcrizeOl 1OUlre Solne ininmum ace Z C0 for eligibilityunder any ofthe categoriesWhat it X et is the upper agelimit for consideration Z 5t under a particularcategory P 0 Despitethese instructions certain issues referred to Cr hereinabove have again croppedup The controversyregardingthe 08 of candidatesunder 35 yearsof age for beingbroughton List a0 Cr for 3596quota againcanleup for cotlsideration5r enther Dil isioil Bencil m2 22 of this Coort in Dharmbirs case 6sopralano Bulrai Singh and nthersVs 23 CL StateofHarvanaand others 200962IRSJ 463 In Dharmbirs case tsupral aDivision Bench ofthis Court held as underl 7 17 A conjoint readngof both the subwrules would show that onlythe upper age limit C has been prescribed under the rules and no minimum age has been prescribedeither under submrule2i9 or subrule 2 iio which means that if a constabIe fulfills the reciuirement ot the uppcr age and the other qll31itlcatlls prescribcd under the respectivecategory as per subule 2 there is Batra Amit 2014.04.26 10: 14 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 97 9 CWP No 2914 of2010 43 no bar to his considerationunder each of them Meaningthereby a constable who is eligible111 one categoryunder Rule 13 7 121111can also be considered 1T1 the other category under Rule 131 a 29 iil of the PunjabPolice Rules as there is no 1 bifurcation between the rules as far as the 0 eligibility lS concerned with regard to the C minimum aee as none is prescribed Z C0 18 The minimum age if prescribedby way of I executtve instructl ons would go againstthe Z r interest of the Constables who are otherwise wldr 8 s2torj Ru Ru 137 t2 Z l confers 12 rlgh vllicll a Constable Mcains 11n 05 the basis of his senioritv lIl the service As and CQ Cr when his turn comes basedon the senioritv a right V5 Z to consideration devolves on him This righton C the basisofhis senioritycannot be deprivedon the basis of executive instructions This wouId be lll contravention to the statutoryrules and therefore ce not sustainable 22 Wbat emerges troIn the above discussions lS that a conlc who has completed 5 years of servlce on the Ist day of January of the year in which the selection is made is under the age of35 years and is eligible for consideration and selection for including his name in List Bl of Batra Amit 2014.04.26 10: 14 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 98 4 CWPN02914f2010 I 6i selectedconstablestor admission lo Lower School Course under the 55Io quotaon the basis ofmerit as per Rule 137762919ofthe PunjabPolice Rules 1934 and having in the test B4 and failed or was unable to get m enlistmentdue to lower merit can also claim C1 consideration and selection under the 35Io quota 0 Cro on the basis of senioritrecut 5eI 1 0 1 14 C5 7 O2ii 11I is elieilole under both the 11 Z categories Z As noticed above the constableswho have attained minimum r 31 bench marksunder 35Io quotahave been ignoredand their JUtllors were C Z deputed to the course on the groundthat theyare more meritorlous having 08 betterbench marks This issue is in fact covered under Naresh Kumars CO case 6supraland came to be clarified in Balrai Singhs cass 6supra m Z wherein it has been held that whereeever a junior has been deputedfor 20 EL Loller Scliooi Ccurse irloring the clalm of the seniorsmerelvon the basis of thenigherbcnch nlarks tne senior be deputed for the course and he will 7 6 be deemedto have passedthe course from the datehis juniorhas quali6ed 1 e ln such situation senior will retain his seniority c There is another aspect of the matter The DGPs instructlons dated 13022007 are onlyprospectivein nature Prior to these instructions no bench marks were prescribedunder the statutoryrules and thus alI those constables who acquired eligibility prior to issuance of these instructIor h717c been denied the depuValltltltothe Lowei 55001C for non achievin2 the ininimuin berlch nlarks Ii is settl7cl law that 1 Batra Amit 2014.04.26 10: 14 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 99 me CWPNo29I40f2010 4 5 instructions cannot overrule the statutoryrules Thus these instructionscannot be pressed Into service to deprive the constablesoftheir rightfor for not havingachieved the ininimum bench marksas under these instructs issued later Thlls such of the constables who becaine eliglbleprior to issuallceof theseinstructions and 1um ignored 10 not achievingtheminilnumbenchmarksare to be for C0 Lower School Course and on successfulcompletionof the course theyare Cm to be treated senior than their juniorswho were earlier deputed to the I C Lower School Course In other words theywill retain their seniorityfor X beingbrought on List Bl thattheywere deputedforthe Z 5r course Iater than their juniorsor theydid not achieve minimunl bench W 0 marks r Z Sinlal such of rhe nlstabk ulc are ignoredon accouril O of achelllg Iessthan llbeprsscribelbellch 1521kS t tIlCn thelr jUIllOrS2lrl CO r also entitled to be deputed to the course and on completionofthe same will mV3 Z 0 retaintheir seniorityover theirjuniors CL In sonle of the writ petitionsthe constables have already the Lower School Course but theyhave been denied the 1 7 seniorityover their juniorson the ground that the juniorswere either havingbetter bench marks or deputedfor the course lorior in tiine than the Ce writ petitioners In view of the above observations these writ petitlonersshall be deemed to be senior to their juniorsdeputedearller on account of better bench marks or on any other ground of eligibility To SU111 up these petitions are disposedofwith the following directionsl i9 Such ofthe who have failed in 550Iomerit quota Batra Amit 2014.04.26 10: 14 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 400 0 CWP No 2914 of2010 16 are enUUed to be cons4ered for beins uo List Bl t 35Io quota unaer on thc principleof seniorculler ptovled thev t12 the requisito and are otherwiseeligibleunderthe rules ii such ofthe constableswho were lessthan 35 years ofageas on theday oftheir consideration but not more than 40 years theywill be entitledto be ms C brought on List B1 by themto Lower SchoolCourse 3 0 iii9 thepetitioners who acquiredeligibilitypriorto the DGPs instructions C dated 13022007 will be deputed for the course without consideringthe C cluestiotlof ir iniinuin bench marks as prescribetI 1 zoverolrent Llln 2C lllstructiotls alliI in their rocec e S215C se1110rty8nd other elieibilltv criteria Z prescribed under therules will beenoughfor their deputation to the course 4 l iv9 thepetitioners who becameeligiblefor after the issuanceof et the instructionsdated 13022007 and have achieved the minimum bench 08 marks be deputedto the course their juniorshave better CO e bench lnarks 2 Z v interse seniorityof the constableswill be deterlnined on the basis of Clm their seniorityin their respectivedistricts in the constabularv and not on the basis of passingof the Lcvver Schuol Cclurse in all such cases who are lgnoreJ 5y de ahove direc ons Howeve the inteiese senioritv o i constables will not be govemedby the above directions where senlor was e6W nored on account of pendencyof any disciplinaryproceedingsor Who suffered any other disqualification for deputationto Lower School Course vi deputationof the petitionersshall be made on the basis of their seniorityin their respectivedistricts and againstthe available vacancles Let the claim ofthe petitionersbe considered in the light ofthe above directi tls and their deputationwhereeever ici he mado n Batra Amit 2014.04.26 10: 14 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document 401 p4P 0 CWP No 2914 of2010 7 accordancewith the abovedirections A copy of this order be placed on the record of each connected flle Ce 7 r m 11082010 6PERMOD KOHL19 BLS JUi3ot fx 9Ie 0 Note Whether to be referredto theRepoiter YES 0 C0 0 P 1 X n1 Z 5r C et Z c r 14 S0 Z r Batra Amit 2014.04.26 10: 14 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:52 I attest to the accuracy and integrity of this document