ZILE SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This writ petition is filed by Constable Zile Singh of Haryana Police, seeking direction to the respondents to depute him to Lower School Course. The petitioner has claimed his admission to the said course on the basis of his excellent performance in the written test and has challenged the admission of respondents 5 to 8 to the course which had commenced on July 1, 1991,

(2.) The case of the petitioner is that he alongwith 55 other Constables had appeared in the written test but only 55 were declared successful. Respondent No. 5 Bhup Singh had failed in the written test. Despite that, he had been selected for admission to the Lower School Course. The other plea is that Kanshi Ram respondent No. 6 had never appeared in the test. But he too has been deputed for training to the said course. The counsel contended that the candidates who were close to the High dignitaries have been deputed for training to the Lower School Course in violation of the provisions of the Punjab Police Rules. The counsel further contended that the names of the selected candidates are entered in the list in order of merit determined by the Departmental Promotion Committee, on the basis of the tests and parade, written test, interview and examination of service record. The candidate has to obtain at least 50% marks in each of the tests. Kanshi Ram respondent No. 6 had obtained only 5 marks in the examination of service record and as such he should not have been deputed to the Lower School Course. It has also been argued that the respondents had awarded more than the prescribed marks on the assessment of service record which is contrary to the Punjab Police Rules. According to the learned counsel the petitioner was higher in merit in view of his performance in the tests. Despite that, he has not been deputed to the said course in an arbitrary manner.

(3.) In the reply filed by the Superintendent of Police, Sirsa, respondent No. 4, on behalf of respondents 1 to 4, it has been stated that 419 Constables including two lady Constables were eligible to appear in B-I test held on 15.1.1991 at Sirsa. 339 Constables including two lady Constables appeared in B-I test on 15.1.1991. 56 Constables including Bhup Singh respondent No. 5 had passed the written test and had secured 26 marks out of 50. The respondents have denied that any list was displayed. The result was announced verbally on 16.1.1991 at Police Lines, Sirsa. 32 seats were allocated to Sirsa district. 56 Constables had qualified the written test out of whom 54 had qualified all the tests. Therefore, merit list was prepared in accordance with the provisions of Rule 13.7 of the Punjab Police Rules (hereinafter referred to as the Rules) as applicable in the State of Haryana and the selection was made accordingly. The name of the petitioner figured at serial No. 50 of the list and had secured only 60 marks. As per the seats allocated i.e. 32, the Constable at Serial No. 32 had secured 68-1/2 marks. The respondents have denied that Kanshi Ram respondent No. 6 had not appeared in the test. It has been stated that Kanshi Ram had appeared in the examination and selected for training on the basis of performance in the written test. In Para 5 of the written statement it has been categorically denied that only 15 marks are allotted for Character Roll.