HEAD CONSTABLE ROSHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this writ petition under Articles 226/227 of the Constitution of India, the petitioners, have prayed for issuance of a writ in the nature of certiorari, mandamus or any other writ order or direction for quashing the instructions dated 30.3.1979, copy Annexure P.4, whereby the Punjab Government created reservations in Promotion courses for the scheduled caste and backward classes candidates.

(2.) The petitioners are aggrieved by the action of the respondent-authorities in deputing the private respondents 4 to 20 to the intermediate course prior to the petitioners. The case of the petitioners is that most of them were recruited in the Punjab Police Department as Constables prior to the private respondent. The names of the petitioners were also included in list 'C' earlier to that of the private respondents. The respondents 1 to 3 are believed to have sent the names of private respondents 4 to 20 for the intermediate course prior to the petitioners acting on the instructions dated 30.3.1979 whereby the Government created reservations for scheduled castes.

(3.) Mr. J.L. Gupta, learned Senior Advocate appearing with Mr. Neeraj Jain Advocate has contend that Government can create reservation for Scheduled Castes under Article 16(4) of the Constitution of India only in case of fresh appointment or in the matter of promotion. As far as the selection for intermediate course is concerned it is neither a fresh appointment nor it is a art of promotion to the next higher rank i.e. of a Police Sub Inspector. Counsel in support of his submission cited Sajjan Singh v. State of Punjab,1978 SLR 489, Ram Kumar v. State of Haryana, 1983 1 SLR 435, and Ashok Kumar v. State of Punjab,1989 3 SLR 539