BALOUR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The State of Punjab approved the enlistment of 9160 Special Police Officers (for short the SPOs) in the State. 5000 of them were to be recruited for raising five Auxiliary Battalions of 1000 SPOs each and another 4160 SPOs for Special Police Pickets. These officers are also called Auxiliary Constables. In order to give them incentive for further induction as constables the State Government framed a Standing Order in the year 1990 in regard to their appointment and the same was circulated by the Director General of Police to all the Inspector Generals of Police and Senior Superintendents of Police in the State and some others. The SPOs are selected from the general public who are considered suitable for further induction as constables. The minimum educational qualifications and physical standards have been specified in the Standing Order. The process of selection has also been prescribed. An Auxiliary Constable whose work and conduct is not found satisfactory can be discharged any time by the District Senior Superintendent of Police without the issue of any notice. Clause (13) of the Standing Order which provides for further avenues of promotion reads as under :-

(2.) Petitioners were recruited as SPOs in the year 1992. Before they could be absorbed as constables in the Punjab Police, their suitability has to be judged and for this purpose the Director General of Police has framed Recruitment Standing Order No. 2 of 1997 for recruitment of constables in Punjab Police. According to this Standing Order, recruitment in the rank of constables in Punjab Police is to be made by Recruitment Boards constituted for the purpose. This Standing Order further provides for the composition of the Recruitment Boards, the eligibility requirements including educational qualifications, age and physical standards. Procedure for recruitment and the selection process has also been provided therein. Candidates who qualify the physical tests are put through a written test of Matriculation level in general awareness (50 marks) and Punjabi language (20 marks) followed by an interview (10 marks). Candidates are required to secure a minimum of 40 marks in the written test and interview in order to qualify for selection. The petitioners have filed the present petition under Article 226 of the Constitution challenging the holding of the physical test and the written test as according to them they had already gone through those tests at the time of recruitment as SPOs and, therefore, the Director General was not justified in requiring them to undergo those tests again. The prayer made in the writ petition is for a direction to the respondents not to hold the written test and the physical test of the SPOs for absorption as constables. A further prayer has been made for a direction to promote the petitioners on the basis of their seniority.

(3.) We have heard the learned counsel for the petitioners and perused the Standing Orders issued by the State of Punjab. In our opinion, the writ petition merits dismissal. Petitioners, no doubt, had undergone a written test as also a physical test when they were recruited as SPOs in the year 1992 but that does not entitle them to be absorbed as constables in the Punjab Police on the basis of their seniority. Clause (13) of the Standing Order of 1990 which has been reproduced above, makes it manifestly clear that Auxiliary Constables would be eligible for recruitment as constables provided their work and conduct is found satisfactory by the District Senior Superintendent of Police. It further provides that the District Senior Superintendent of Police will make selection out of the eligible Auxiliary Constables for appointment as constables. It is only after they are selected as constables that they are governed by the Punjab Police Rules. It is for the purpose of this selection that the Director General has issued Standing Order No. 2 of 1997 prescribing a written test and a physical test. There is nothing wrong in holding such tests because the suitability of the petitioners for absorption as constables has to be judged and this is the most fair way of judging their suitability. No fault can, thus, be found with the action of the respondents in holding a written test and a physical test for the purpose of judging the suitability of SPOs for absorption as constables. In this view of the matter, the respondents cannot be directed to absorb the petitioners as constables merely on the basis of their seniority.