CWP No.6841 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CM No.2073 of 2010 and/in CWP No.6841 of 2009 Date of Decision: 18.02.2010 **** HC Gurmeet Singh . . . . Petitioner VS. State of Punjab and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. V.K. Shukla, Advocate for the petitioner Ms. Charu Tuli, Sr. DAG, Punjab ***** SURYA KANT J. (ORAL) CM No.2073 of 2010 Allowed as prayed for. Replication to the written statement filed by the respondents, is taken on record. CM stands disposed of. CWP No.6841 of 2009 (1). The petitioner seeks quashing of the order dated 15.12.2008 (Annexure P4) passed by the Director General of Police, Punjab, whereby, out-of-turn promotion earlier granted to him as Head Constable has been withdrawn on the ground that he was promoted under Rule 13.21 of the CWP No.6841 of 2009.doc - 2 – Punjab Police Rules over and above 10 per cent quota of C- II. The reversion has been ordered so that the petitioner can make room for promotion of his seniors. (2). It is not in dispute that the petitioner was promoted as Head Constable without passing the Lower School Course and against the quota meant for List C-II exemptees. It is also not in dispute that the petitioner’s promotion was in excess to the prescribed quota of 10%. That being so no fault can be found with the impugned reversion order especially when the same has been passed by the Director General of Police in compliance to the direction issued by this Court. (3). Faced with this situation, counsel for the petitioner submits that for the last six years, the petitioner is continuing as a Head Constable and he has missed more than one opportunities to undergo the Lower School Course, thereby depriving him of the regular promotion for no fault on his part. In my considered view, the afore- stated issue falls within the domain of the police authorities and no direction to send the petitioner to Lower School Course can be issued unless he qualifies for such Course in accordance with the Rules. The petitioner shall be at liberty to approach the competent authority in this regard and as and when any such representation is made CWP No.6841 of 2009.doc - 3 – by him, the same shall be considered sympathetically and in a time bound manner. (1). Ordered accordingly. (2). Dasti . (SURYA KANT) JUDGE 18.02.2010 vishal shonkar