INT ggwgiLEE ”Ewm HE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH WRIT PETITION N0. {$43)} OF 2005 Maheshwér Dutt Bandola, S/o Loongi Ram , Aged about 58 years Occupation — service, working on the post of Assistani Sub Inspector ( Mfr.) District Police Force, Durg. > VERSUS 1. State of Chhattisgarh, Secretary Depértment of Home Affairs, D.K.S. Building Raipur (C.G.) The Director General of Police, Chhattisgarh, Police Headquarter Raipur, Tahsil and District Raipur (CG). The Additional Director General of Police, Chhattisgarh Arms Force /' Training and Telecommunication ,Police Headquarter, Raipur (CG). Senior Deputy Inspector General of Police/ $enior Superintendent 6' of Police , Durg (CG). Gangadhar Joshi ,Sub Inspector (MT), posted at lst Battalion, Bhilai , District Durg (CG). 6. Brijmohan Giri , Sub Inspector (MT), posted at District Police Force, Raipur (CG). @ 7. @ Anant Ram Kapile, Sub Inspector (M.T.) posted at lst Battalion Bhilai District Durg (CG). WRIT PETITION U/S 226/227 OF THE CONSTITUTION OF INDIA 4A HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION N0. 3491 of 2005 Mahashwar Dutt Bandola. VERSUS RESPONDENTS . State of Chhattisgarl} & others. WRIT PETITION U/A 226/227 OF THE CONSTITUTION OF INDIA SB: Hon’ble Shri Satish K. Agnihotri, J. Present : Shri Jitendra Gupta, Advocate for the petitioner. State/respondents Shri Y.S‘Thakur, Deputy 1 to 4. Advocate General for the . _—.__ \ J U D G M E N T (Delivered on .21.?)day of Februaly, 2010) The petitioner seeks a direction to the respondents to promote the petitioner on the post of Sub Inspector, Police (MT) (for short “81”), from the post of Assistant Sub Inspector, Police (MT) (for short “ASI”) from the date his juniors were promoted with all consequential benefits. namely Gangadhar Joshi, Narsigh Bisen, Shivmurat Pandey, Phuldev Mishra and Anant Rao Kapile, were thereafter promoted to the post of SI in \ .\\ \\March/May, 2005 (Annexure P/3 and P/4). Thus, this petition. ‘\ ‘ 3. Shri Jitendra Gupta, learned counsel appearing for the petitioner would submit that the pre—requisite qualification for appointment on the post of Constable (MT) is certificate in D&M course. The petitioner was initially posted as constable. On undergoing D&M course in the year 1971, he was posted as Constable (MT). Thereafter, the petitioner was promoted to the post of Head Constable (MT) and later on promoted to the post of ASI. However, the petitioner was ignored for promotion to the post of SI on the ground that there is no mention in the service book of the petitioner about obtaining D&M course certificate. Thus, non-promotion of the petitioner to the post of SI is illegal, Vitiated and bad. The respondent authorities may be directed to promote the petitioner from the date his juniors have been promoted to the post of SI and grant consequential benefits. 4. Per contra, Shri Y.S.Thakur, Deputy Government AdvOcate, appearing for the State/respondents l to 4 would submit that the petitioner was not considered for promotion to the post of SI, as he has not undergone D&M course and fitter course, which was the essential qualification for consideration to the aforesaid post. It was next contended that the petitioner was given several opportunities to produce the certificate to that effect, but the petitioner has failed to produce the same. If the petitioner has already been promoted earlier without there being a requisite certificate of D&M ' course, that cannot be the ground for further promotion to the post of SI. There may be a mistake when the earlier promotions were made from Head Constable (MT) to ASI. The illegalities cannot be legalized by granting further promotion to the post of SI. 5. Having heard learned counsel appearing for the parties, perused the pleading \. \ \ and documents appended thereto, it is evident that the petitioner was @ promoted from the post of Constable (MT) to the post of Head Constable (MT) and further to the post of ASI. From the records made available before this Court, it is not clear asto how the promotions were made. It is correct that in the seniority list of the ASIs, as on April, 2003, the name of the petitioner is at serial No. 20 and the other persons named above, were junior to the petitioner and have been promoted. 6. The question for consideration of this Court is asto whether the petitioner may be considered for promotion to the post of SI without having D&M course certificate. There is no dispute that the essential requisite qualification for promotion to the post of SI is possession of certificate of D&M course. The petitioner has not produced any certificate or any document to demonstrate that the petitioner has undergone D&M course in the year 1971 with 9m Battalion, Special Armed Force, Rewa. The Deputy Inspector General of Police, Durg, by letter dated 01.12.2004 (Annexure P/6) called upon the petitioner to submit the information‘to the effect that he had undergone D&M course. The petitioner failed to submit the same. On query from the Commandant, 9th Battalion, Special Armed Force, Rewa, it was informed by communication dated 27.12.204 (Annexure P/7) that there is n0 entry in the register maintained by the office, for the year 1970—71-1972 that the petitioner had undergone D&M course in the year 1971. Thus, it was found that there w'as neither entry in the office register nor in the service book of the petitioner nor has the petitioner produced any certificate to that effect before the authorities. Thus, the petitioner cannot claim consideration for promotion on the post of Sub Inspector, Police (MT) on the ground that he had been promoted earlier from the post of Constable (MT) to the post of @ ‘ Head Constable, (MT) and thereafter to the post of ASI wherein the requisite qualification was D&M course certiflcate. Thus, on the facts available, even if the petitioner has been promoted earlier from the post of Constable (MT) to the post of Head Constable (MT) and thereafter to the post of ASI, the petitioner has not acquired any right for Inspector, Police (MT). From other further promotion to the post of Sub documents, letter dated 17th December, 2004 (Annexure R/2) and the note sheet dated 05.01.2005 (Annexure R/l), it is clear that the petitioner was not considered for promotion to the post of Assistant Sub Inspector, Police,‘(MT) on account of the fact that the petitioner has not undergone D&M course for promotion to the post of Sub which is the requisite qualification Inspector, folice (MT). For the reasons mentioned hereinabove, the writ petition fails and is accordingly dismissed. There shall be no order asto costs. Amit Sdl- Satish K. Agnihotri Judge .