r 58 lr CWP No2914 tlf2010 C Jn the 1IighCourtofPunjab and Haryana at Dateofclccisionl11082010 J CWINo914 012010 Vs StateofHaryana and others 2 CWP No6427 of2009 1 lr Krlshan Kunlar and olhcrs Vs Statcof l Iaryanaand othcrs 0 3 CWl No 3329 012010 Ca3 X RajbiorSinglland othcrsVs Stateollllaryana and othcis C0 Z CWl No 1403012009 1C Prcln Singh Vs Slate of Ilarvanaanclothcrl Z 5 CWP No401 nf2010 r r 1lllC Kulbir Singhand anolherVs SlatcofHaryanaaild otllcis I O45 6 CWP No 7536 of2010 KiplanSinghVsStatcofllaryanaand otllers e 7 7 CWP No203 of2010 Z 0 11 Desh Raian others VsState ofllaryalluand others 8 CWPN081470f2010 1 EHC RamMeharand othersVsStateofllaryana and olhcrs 1 9 CWP No6443 of2009 C Jai Pal and anotherVs Stateof l laryanaaild otllors 10 CWP No 6619 of2009 Satyawan 1311CI State ofHaryanaand others 11 CWP No 10487 of2009 lfead Constable Ashok Kumar Vs Statc oflelaryana and olhcrs 12 CWP No 12237 of2009 Parkash Om 2014.03.10 11: 10 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 59 CWPN029140f2010 m2e NarenclerKulnar Constable Vs Stateof I Iarvanaaild others 41 13CWP N0122480f2009 Jit Singh13HCVs State and otllcrS 14 CWP No12253 of2009 SubhashChanderEHC Vs Stateof Haryana and others m C 15 CWP No I6975 of2009 0 KrishanKumarEHC Vs StateofHaryana andothers Ce 16 CWP No J8430 of2009 2C C PannaLal EHC Vs State and others Z 17 CWP No 18863 of2009 r Z ct RajKumar and anotherVs Statcof Halyanaand othcrs m C 18 CWP No 18919of2009 t I Kainal Parkash EHC Vs Stateofllaryonaand others 08 19 CWP No 636 of2010 Ctl LadyConstable Raibala Vs StateofHaryana and others 7 Z 0 20 CWP No2775 of2010 Ll Rishi Parshadand othersVs StateofHaryana and others 21 CWP No875 of2010 7 1 11ady Constable SumanVs Stateof Hwyanaand others 1 22 CWP No968 of2010 G Sada Ram EIIC Vs State ofHaryanaand others 23 CWP No3338 of2010 KaptainSinghand another VsStateofHaryanaandothers 24 CWP No367 of2010 EHC Mohan 1al Vs StateofI7laryana and others Parkash Om 2014.03.10 11: 10 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 60 4P CWP No914 of2010 3 25 CWP No 3556 of2010 Hans Ranl and othersVs StateofHaiyanaand others 26 CWP No 4258 of2010 liari Krishan IIC Vs Iinancial Cominissioner PrincipalSeclctary tco Governlnentof Haryanaand others 27 CWP No274 of2010 a Q Amar SinghEHC Vs Stateof Haryana and others 0 28 CWP No 4749 of2010 C43 1r Mohinder SinghEASI andanotherVs StateofHaryana and others C5 I 29 CWP NoA765 of2010 IC Z ChhajuRam and others m 30 CHTl NoA960 of2010 C c RajbirSinghand othersVs StateofHaryanaand others O8 31CWPNoA963of2010 00 SatbirSinghVs StateofHaryana and others er 2 32 CWP No7923 of2010 Z Jaivir Singhand othersVs StateofHaryana and others 33CWPN06031 of2010 pv 1 HardayalHC and othersVs StateofHaryanaand othcrs e CORAM1 HONBLE MR JUSTICE PERMOD KOH1I Presen Mr SK Redbu MrVikram SinghMrV Yadav MrOinesh Malik MrPritam Saini MrSurender Lamba Mrl2P SinghAdvocatesfor the petitioners MtRS Kundu Addl AG llaryanaforthe respondcnts PERMOD KOJiLL J Parkash Om 2014.03.10 11: 10 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 61 CWPN02914of2010 4 On the basisof comnlon and identical issuesboth on factsand law all thescpetitions arc beillgdecidcd bythis comtnon order The entire cotltroversyrclates to the of Rule 137 01the PuniabPolice Rules 1934 as applicable to the StatcofHaryana and ainended vide Punjab Police Iaryana Rts 2001 a 1 hereinafter referred to as the Rules This rule relatesto dcputation for 0 Lower SchoolCourseand for enlislg of theeligibleofOcersin ist Bl Ca3 for tlleir proinotionThe amendedrulc subject matter of debate in the Z C5 presentwrit petitionsis hereunderl I e 137eSelection of candidatesfor admission to Z 5r courses at lhc Police TrainingCollege l l ist C 136inForm 13 shall be maintained by each t 2r of Police It shall include the a5 names of all constablessclected for admissioll t 7 to the 1ower School Course to be held a1 the Z Ll Police TrainingCollegeSelection to the Iist B shall be nlade in the inonth of Januaryeach 9 yearand shall be limited to the nuinbei of seats allottedto the district for the year The number C of seats l tl ower School Course in a year sha be on the basis of existingvacancies and the vacancles likely to be created within one year Ill the respectiveUlllt 55Io of the seats allotted to a unit in the Lower School Course shall be fIlled in on the basis of a coinpetitive Parkash Om 2014.03.10 11: 10 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 62 CWPN02914012010 5 examlnatlOll 35Io on the basis of seniority cummtltnessand 10Io on the basis of consistent in Gold or Silver Medal in All India Police MeetlNational Gamesor displayof 1 f braveryduringthe course of of 0 C official duty Selectionof persons againsl55Io J2 Scats Ill listllower school on the basisof nlerit C5 Z shall be clone by a PromotlOll t Z Committeeon thebasis ofl 5t Q e 1 Examinationofservices and I C6 2 A test Ihereinaftercalled B l CQ C testlllll 7 25 CL a Prade bl Law and practicalpolicework and 7 3An Interview e 2 All constables of their educationalqualifications shall be eligibleto appearfor B 1 test if theyare under the age of 35 years and have completed5 years of serVlCe on 1 day of Jalluaryof the year ln which selection is made However if a Parkash Om 2014.03.10 11: 10 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 63 9 4 CWP No914 of2010 constalole belongi ng to reserved category who is recruitedalter the age of 27 yearsas per Government instructionslorders then hc shall be allowed to appear for IllllllmUlll three consecutive chances afler W L of flve yearscIfservice cven ifhe 0 C has crossed the age of 35 years up to a I C5 Illllllllllllll of 10 years I I Z iil Ail Constables of tlleir a educational shall be eligible to t 32 be brouglltOll List Bml senioritvcum ment 08 basis i f theyare under the age of 40 years 0 and have 5 years of service on the m Z flrst dayof Januaryof the Vcar in which Ll selectionis lnade 94 The State of Haryanaissued instructoionsdated 13022007 17 prescribi ng the llllllllllUlll mertt to fulfill the criteria for seniorilr 1 CUlllltiless rclyingupon the observationsof this Court in the case of 4 Naresh Kumai Vs State ot Harvana and others CWP No952 of 20041decided on 05 1 2004 Directclr General of Police Haryana issued these instructions prescribing minunum bench marks for selection to B1 Iist under 35Io quota The relevant extract of the instructtons dated 13022007 64nnexure170 ill CWP N0427 of Parkash Om 2014.03.10 11: 10 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 64 6eJ CWPNo2914of2010 7 2009 is Ilereuilderl 3 In view ofthe Honble High Itl the Naresh Kumar case supra it has beell dccided to flx the benchmarksfor ness under 35Io quola The 1 Cl assessmentof service record should be made 0 Cm Oll the basis of education trainingcourses Z passedcoinmendation certificates and Iengtll CAO of service et as giveninPPR 17 Allthe r Z candidatcs who obtain a nlinimuin 31 marks C or more would be deeincd to be flt for seIection of Bl seats against35Yo quotaon the cr5 basisofinterse seniority ofthc candidlitc 1llld Cll r for all such candidates inteose seniority would 7 Z be the soie criteria for deputingOll their turn 0 undcr 35 quota111Vlew IO the explicitorder of HighCourt Please take further necessary 1 7 action 99 The validityof these has beenupheldbythis Court in Hawa Singh Vs StateofHaryana and othe CWP No1194 of20051decidedon 14052008 There are three sets of writ petitionsunder consideration The sanle are broadlycatcgorisedin the followingnlanncrl a9 the eligibilityofthe candidates who appeared in 55Io ment Parkash Om 2014.03.10 11: 10 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 65 2 CWP No914 of2010 48 promotlonquotaUllderRule 17 21 i9to beconsideredfor Ullder35Io on selliOrllCUlllllerit basis underrule 137 iil even if theyhavefailedunder55Ioquota bl conslderaloil ofthc candidateswith lessthan 35 years ofageas on Ist dayof Januaryof the year in which selection is inade in 35Io m 0 quotaof 5 0 C C 1 intcrse seniority of the candidates Oll the basis of bench marks I 111terillsof DGPs instructionsdated 1 02 2007 C49 From 137 l9 it emergesas followsl Z a9 that 55Io ofl the seats allotted to a unit in the Lower School a Course are mcant to be fl lled 111 OIl the basis of C 1C X exam l llation 08 b9 35Io ofthe seats on thebasis and 6cl I0Io seats on the basisof consistent 7 lll Z etc Selection agaillSt55Io quota 1S to be nlade b the PromotionalCommittee All the constables P 7 oftheir educational who are Iessthan 35 years ofageand have completcd5 vears ofservice Oll Ist dayof Januaryof the year of selection are eligibleto appear for Btest under merit seats of 550Io quota Similarly all the constables irrespectiveof their educalonal qualiflcationhavingcompletedfive years of service and lll tlle age of 40 yearson the Ist day of Januaryof the year of selection Parkash Om 2014.03.10 11: 10 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 66 r CWP N02914 of2010 9 are eiigiblet0 bc brouglll 011 list B on the basis of merit against35 quota Sportspersons under 10Io quota arc to be considered subjectto eligibility l il the above tw0 categones Cr The controversyrelatingto theeligibility of the candidates 0 who failed to secure toherequislte merit lll the examinatlOll C I under 55Io quota to be agalll considered under 35Io C5 C merit quota cameto be consideredby a Division I3enchof this Courl Z I tl Naresh Kumars case supral This Division Bench judgment was before the Honble Supreme Court ln SpecialLeave lo C C AppealCivi No10409 of2005 which hasbeen dismissedin limine Oll on 10052005 C0 Ct A similar issuecame up for considerationbeforcthis Court m7 Z 111the case of 14awa Sinh Vs Stateof Haryana and others CWP Ll No1194 of20051decided on 14052008 After admissioll ofthe wril petitlOIlby the Honble Division Bench the inalter was consideredbya 1 IearnedSingleJudgeof this Court for flnal disposal 291 2006 Oll The learned SingleJudgeofthis Court was ofthe opiniontha1certain t provisionsof Rule 133 ofthe rules were not broughtto the notice of the Division Bench and Oll that basis a reference was tnade for consideration of the writ pctitionand other connected matters by a Division Bench 01 this Court The aforesaid writ petitioncame to be heard by a Division Bench oftllis Court The Honble Division Bench Parkash Om 2014.03.10 11: 10 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 67 vv CWPN029140f2010 10 vide its dated 14052008 afflrmedthe ratio in Naresh KUmars case with thefollowing observatiollSl In vicw of the factlsinentioned above these writ petilionsare allowed in the salne terms as 111 Naresh Kumars case 6supra The 1 C are directed lo deputelhe 0 0 petitionerslto the florstLower School Course I which will conlmence after the pronouncetnent C5 I 111 this case However The C Z pctioner shall be deemedto have qualifted lll 2 L the 1ower School Course f roin the date whCll I otoherconstables havequalifiedwhose namcs c5 were approved to undergo i ower School OO Course vide select list Annexure Pml It is made wao Z clear that if by getting date of Clm passlilgthe Lower School Course the petitioner becameeligiblefor theil he will get only deemed beneflts without gettingany actual flnancia1benefits in view of Cm principleof no work no pay as laid down by their Lordshipsof the Honble SupretneCourt ln Union of India and another vs Tarsem Lal and others O2006910 SupremeCourt Cases 145 99 Parkash Om 2014.03.10 11: 10 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 68 CWP No914 of2010 11 1Ionble the Division Bench furtherconsideredthe validityof the instructionsdated 13022007and upheldits validitywith the following observationsl So 1aras CWP N03609 of2007 is concemed in thaAlrit petitionsclect list preparedto e 1ower School Course Oll the basis 01 instructions 0 dated 1302007 as referredto above has been C As has been held earlier above said C instructions are perfectlyjustifledand are lll I consonance with the directions issued by this Z 1 Court Ill Nresh Kumarscase supral 59 a Lr The claiins of SOllle of the writ petitionersfot deputing to 14 Lower School Course have been rejected Oll the groundthal theyhavlng 08 C0 failed in 55Io merit quotaare not entitledto be consideredfor beingbrought On List Be1 in 35Io quota The claiins of some ofthc writ petitioners have 3 Z been rejectedfor beingbroughtin List Be1 under35Io quotaon theground C1 that thev were of Iessthan 35 ycars of age as on Ist dayof Januaryofthe year of selection In some cases the claims have Ioeenrejectedfor non 1 achievingthe 3I bcnch marksin terins ofthe DGPs i Illillllnum lllSlrUCtlOllS dated 1302007 in Naresh Kumars case supral the Honble Division ee Bench ruled the eJigibilityofthe constables for their consideration both in 55Io and 35Io quota This judgmenthas attainedtlnality The SLP has also been disinissed by the Honble SupremeCourt The ratio of the said j udglnenthas been reiterated tn Hawa Singhscases Osupralas also in Constable Dharmbir Vs Statc of Haryana and others 2009 619RSJ 3 10 wherein the followingobservationshave been inade Parkash Om 2014.03.10 11: 10 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 69 CWPN029140f2010 12 13 So thereare three distinct with their own qualiflcations and for eligibilityfol consideration There 1S 110 bar to considerationof a constable in any categoryif he fulfills theeligibility cnterla if he is eligible lll m all thrcc he has a statutoryrightto 0 considcratiOll 111all three categorics The Rules 0 do not Ol requlre Some ininitnutn iige 0 ofthe Whal it I 1 speciflesis the upper agelimit for consideration Z 5r under a particular category C Despitcthese instructions certain 1SSues referred to r C hereinabove have againcroppedup he controversyregarding the 08 eligibilityofcandidates under35 yearsofagefor beingbroughl on Ist 13el OO r for 35Io quota aga came up for considerationbyanotherOiviston Bench m Z 3 of this Court Ill Dhannbirs case 6supra l and Balrai Singhand others Vs CL StateofHaryanaand others 2009121RSJ 463 In Dharmbirs case 6supral a Division Bench ofthis Court hcld as underl 17 17 A conjointreadingof both the 6 subules would show that onlytheupperage limit e has been prescribed under the rules and 110 ininimum age has been prescribedeither under subrule 2 6i9or subule 2 ii9 which means that ifa constable fulfills the requirement ofthe upper age and the othcr qualiOcations prescribedunder the respectivecalegory as per suberule 2 there Is Parkash Om 2014.03.10 11: 10 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 70 11 01 CWP N02914 of2010 131 no bar to his considerationunder each of theln Meaningtherebya constable who is eligibleIll one category under RuIe 137 6211il can also be considered in the other categoryundcr Rule 137 129tiil of the PunjabPolice Rules as therc IS 110 1 bifurcation between thc rules as far as the 0 0 0 eligibility lS concerned with regardto the Cm0 miniinum age as none is prescribed C0 18 The miniinum age if prescribed by way of I CC executive instructlons would go agaiilstthe Z r lnterest of thc Constables who are otherwise a CC eligibleunder the statutory Rules Rule 131 129 r 0iil confers a rightwhich a Constable attalllS Otl olJ the basis of his seniorityin the service As and CO whenhis turn comes basedon thc senioritva right Im Z to considerationdevolves on hiin This righton tl thebasisofhissenioritycannot be deprived on the basisof executive instructions This would be in 6 contravention to the statutoryrules and therefore C C not sustaiilable 22 What cinerges from the above discussions is that a constablc who has cotnpleted5 years of service on the Ist day of Junuaryuf tlle year in which the selecti0nis made is under the age of 35 years and is eligible for consideration and sclection for includinghis name in Lisl Bl of Parkash Om 2014.03.10 11: 10 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 71 f CWP No 2914 of20 10 4 11 selectedconstablesfor admissionto Iower School Course under the 55Io quotaon the basis of ineril asper Rule 137 ofthe PunjabPolice Rules 1934and having in the test ll and failed or was unablc to get enlistmenidue to Iower inerit can also claiin C considerationand selectionunder the 35Io quota 0 C4 on thc basis of as per Rule Z C0 137 1216iil if he IS eligible undcr both the calegorles 19 1ct Z As noticed above the constableswho have attainedminimum C2 31 benchmarksunder 35Io quotahave been ignoredand their iniors Were er to the course on the groundthattheyare more meritorious havg 08 betterbench nlarks This issue is in fact covered under Naresh Kumars OO C case supraland canle to be clarifted in Balrai Singhs cass supra VA Z wherei n it has been held that whereeevera junior has been dcputedfor tl Lower SchoolCourse ignoringthe claim ofthe seniorsmerelyon the basis ofthehigherbench inarks thc scnior be deputedfor the coursc and he will 1 76re be deemedto have passed the course from the datehis juniorhasqualiOed 14 ln such situation senior will retain his seniority 4 eW Therc is another aspect of the matter The DGPs instructions dated J3022007 are onlyprospective in naturc Prior to these instructions no bench Inarks were under the statutoryrules and thus all those constabJcs who acquiredeligibility prior to issuance of these instructions have been denied the deputation to the Lower School Course for non achieving the ininimum bench marks It is settled law thal Parkash Om 2014.03.10 11: 10 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 72 91 P 1 CWPN029140f2010 15 inslructions canllot overrule the statutoryrules 1hus these IllStrUctions cannot be pressecl into servicc 10deprivethe constablesof their ght for for not having achieved the IT11111111Ulllbench inarks as undcr these instructions issued later Thus such of thc constableswho becaineeligiblepriorto issuanceof theseinstructions and 1 C ignoredfor not achieving the minimuln bench marks are to be deputed for 0 Lower School Course and on successfulcompletion of the course theyare CA3 to be 1reatedsenior than their juniorswho were carlier dcputed to the Z 0 Lower School Course In other words theywill retatn their seniorityfor I C beingbrought on Iist Bwl that theywere forthc Z r course Iaterthan their juniors or theydid not achieve minilnum bench 12 C marks Cr I Similarly such of the constableswho are ignoredon account 08 of achievingIess than the bench marks then their juniorsare 00 4 also entitledto bedeputed to the course and on coinpletion ofthe same Will Wa2 Z retainlhelr seniority over theirjuniors r ln some of the writ Ioetitionsthe constables havc already compIetcd thc 1ower School Course but tlley have been denied the 1 7 senlOntyover their juniorson the ground that the juniorswere either 1 havingbetterbench marks or dcputed lor the course joriorin tiine than the C writ pet1t1oners In view of the above observations these writ petitioners shall be deetned to be senior to their juniorsdeputedcarlier on account of better bench marks or Oll any other ground of eligibility To sum up these petitions are disposedofwith the followingdirectionsl i1 Such ofthe who have failed in 55010merit quota Parkash Om 2014.03.10 11: 10 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 73 4 ee CWP No 2914 of2010 16 areentitled to be consideredfoi beillgbrought on List Bml under 35Io quota on the principleof providedtheyhave the requisite and are otherwiseeligible under the rules iil such ofthe constableswho were Iessthan 35 yearsofageas on theday oftheir consideration but not inore than40 years theywill be entitled to be 1 C4 brought on List B1 bydeputingthem to Lower School Coursc 9 3 0 iiil thepetitioners who acquiredeligibility priorto the DGPs instructiollS C dated 13122007 will be deputed for the COUrse without consideringthe C questionof minlmum bench marks as prescribedunder the governinent J instrUCtlOllS and in their cases seniorityand other eligibilitycriterla Z under the rules will be enough for their to the coursc C ivl the petitioners who becameeligiblcfor after tlle issuanceof c the instructionsdated 1302007 and have achieved the lllltlimum bench 08 inarks be deputedto the course theirjuniorshave bctter lcr benchlnarks meo Z vl ntcrse seniorityof the constableswill be deterlninedon the basis clf Ll their seniority in their respective districts in the constabularyand not on Ihe basis of passingof the Lower School Course in all such cases who are Il ignored by tllc above directions Howevcr the interse senioritv of constaloleswill not be governedby the above directions where senior was 4 ignoredon account of pendencyof any disciplinaryproceedings or who suffered any other disqualification fot deputation to Lower School Coursc vil deputationof the petitionersshall be lnade Oll the basis of their seniorityin their respective districts and againslthe available vacancles Let the claim ofthe petitioners be considered in the lightofthe above directions and tlleir deputationwhereIer required be made Itl Parkash Om 2014.03.10 11: 10 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document 74 e b 4 CWP No 2914 of2010 17 accordancewiththeabovedirections A copy ofthis order be placcdon the record ofeach connccted file pn ee ll082010 PERMOD KOHLll BLS JUDGE Ol e 0 Note Whetherto be refened to thc Rcpotter2YES C C5 1 I C Z d CC r co 44 7 Z Llm Parkash Om 2014.03.10 11: 10 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:24 I attest to the accuracy and integrity of this document