SUKHWINDER SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This petition has been filed under Articles 226 and 227 of the Constitution of India praying for issuance of a writ in the nature of certiorari quashing Annexure P-6 dated 25.08.2009 passed by Inspector General of Police, Patiala Zone-I, Patiala-respondent No. 3. Further prayer made is for issuance of a writ in the nature of mandamus directing the respondents to send the petitioner to lower school course for the additional seat which has been created.

(2.) It has been pleaded on behalf of the petitioner that the petitioner passed B-I test in the year 2007 and, therefore, became eligible to undertake lower school course at Punjab Police Academy, Phillaur. The petitioner, however, could not undertake the couse because of medical problems and under such circumstances, an affidavit was furnished dated 30.10.2007 that the petitioner would not be able to undertake the couse. Subsequently, when the petitioner wanted to join lower school course, he has not been allowed to do so. The petitioner got served a justice demand notice through his counsel asking the respondents to send the petitioner for joining lower school course, which prayer has been rejected.

(3.) Stand of the respondents in the written statement is that 30 seats were allotted to male candidates for district Patiala for undertaking lower school course for the year 2007-08. B-I test was held in Police lines, Patiala on 21.03.2007. 109 candidates qualified the B-I test. The merit list was prepared. 30 male candidates, as per the merit list and 6 other male candidates, who were in the waiting list in order of merit were forwarded to DIG, Patiala Range, Patiala by SSP Patiala. 30 male candidates, as per the availability of seats for both the sessions, were cleared to take lower school course commencing w.e.f. 05.04.2007 and 15.10.2007. Six additional seats were allotted for male constables who qualified B-I test. The petitioner was a candidate in the waiting list for B-I test, 2007 for District Patiala. The petitioner did not go in the said course intentionally. The petitioner submitted an affidavit that he has a disc problem and because of his domestic affairs, he cannot undertake the lower school course.