BALJINDER KAUR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner has approached this Court praying for a writ of mandamus directing the respondents to depute the petitioner for lower school course at PTC Madhuban.

(2.) Counsel for the petitioner contends that the petitioner took part in the test under 55% quota for selecting persons for B-1. She scored 79.5 marks in the year 2009 and had stood first in the test but was not deputed to undergo the course on the ground that a major punishment of stoppage of 4 increments with cumulative effect was imposed upon the petitioner vide order dated 30.5.2008. Thereafter, the petitioner participated in the test again in the year 2011 where again she stood second and should have been deputed to undergo the course. He further refers to the Statutory rules governing the deputing of the candidates for the courses. The said Rule 13.7 Clause 10 of Punjab Police Rules, provides that for a major punishment, 5 marks had to be deducted while calculating the marks in the category for which the competitive examination is held. He contends that even if 5 marks are deducted either in the year 2009 test or in 2011 test, still the petitioner would make the grade entitling her to be deputed for the B-1 course. He accordingly contends that action of the respondents cannot sustain.

(3.) On the other hand, counsel for the respondents has referred to Rule 13.7 Clause 12 Proviso thereof to contend that a Constable who is undergoing punishment shall not be entitled to entry to promotion list B-1.