HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 4929/2011 Date of Decision: October 21, 2011 Ankush Dogra ……. Petitioner Versus State of H.P. & Ors. ….. Respondents. Coram: The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting? No For the petitioner : Mr. Ashok K. Tyagi, Advocate. For the respondents: Mr. R. M. Bisht, Dy. A.G. with Mr. Vinod Thakur, Dy. A.G. Sanjay Karol, J. (Oral) Petitioner has prayed for the following relief:- “That the present writ petition may kindly be allowed and the respondents may kindly be directed to allow the petitioner to re-take only his left out paper i.e. Criminology in the batch going to commence by 2nd July, 2011 thereby also setting aside the notice Annexure P-4.” 2. Annexure P-4 is the order whereby petitioner has been directed to undergo complete course of training for the reason that he failed to pass in the subject of Criminology in the similar course which he had undertaken in the year 2009. 3. It is not in dispute that petitioner who was working as a Sub Inspector (Probationer) was required to undertake training (course) at PTC Daroh in District Kangra. The said course of one year was to commence on 1st of January, 2009 and end on 31.12.2009. As a fact of the course, 2 participants were required to successfully clear 16 papers. 10 papers were required to be cleared within first eight months of the course and remaining 6 papers were required to be cleared within the remaining four months period. However many candidates, including petitioner could only clear two papers within first eight months period. It appears that by way of special concession, State Government permitted all similarly situated candidates to clear their papers in one go prior to the completion of the course. Petitioner did appear in all the subjects but still could not clear paper in one subject i.e. Criminology. It is for this reason that respondents have now directed the petitioner to undergo a fresh course. 4. Chapter-8 of the Manual of the Police Training College, Darongarh, however in my considered view, allows the candidates to clear at least two papers in the next course without actually undergoing the same all over again. In this regard, relevant clause is reproduced as follows: “Failure in Training In case of failure of a trainee in up-to two written papers, he will be asked to appear in the next course for the said papers. However, this chance shall be given once only. In case of failure in more than two written papers, a trainee will have to retake the entire course in the next time. Similarly, in case of failure in two groups in outdoor examination, a trainee will have to reappear in the next course for the said groups. However, in case of failure in more than two groups, a trainee will have to attend the next full course.” 5. One time relaxation given by the State was in exercise of its executive powers and not in terms of the Manual. The State Government, perhaps after due deliberation, allowed the candidates to clear all the papers taking into account the ground realities and the prevalent 3 circumstances. Exercise of such discretionary powers would in any manner, come in the way of the petitioner’s right and entitlement for undertaking the examination in terms of the Manual. Language of the Manual is absolutely clear and unambiguous. Candidate is given one chance to clear the examination with respect to two papers. Petitioner has not been able to clear only one paper. As such, without actually undertaking the course in the next session, it is open for the petitioner to appear in the examination to clear the paper in the subject of Criminology . 6. As such, Annexure P-4 is quashed with a direction to the respondents to allow the petitioner to undertake the examination in the subject of Criminology in the running course, without actually undertaking the entire course. Petitioner shall be informed well in advance of the date as to when he would be required to undertake examination in the subject of Criminology. 7. With these observations, present petition stands disposed of, so also the pending application, if any. Copy dasti. ( Sanjay Karol ), Judge. October 21, 2011 (rana)