CONSTABLE RAJWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Only brief narration of facts is necessary to decide the controversy. The petitioner Rajwinder Singh was reccruited as Constable on January 9,1989. He completed three years of service on January 8,1992. For promotion to the post of Head Constable, he was supposed to pass test and take training in the Lower School Course. This course started factually on April 15,1992 and selection was completed on February 28,1992. The petitioner's name was rejected solely on the ground that as on January 1, 1992 he had not completed three years of service under the standing order issued by Inspector General of Police vide order Annexure P-1 issued on January 14,1983. Vide this order a cut off dated as January 1 of every year is fixed for determining eligibility of a constable to sit in the test. The challenge is to the action of the respondents for not deputing the petitioner to attend the aforesaid course, although he had passed the written test securing second petition. On behalf of the respondents, reply has been filed inter alia alleging that the petitioner had not completed three years of service as on January 1,1992 and was, thus, not eligible for being deputed to attend the course, under the standing order Annexure P-l.

(2.) The question for consideration is as to whether by framing standing order, the rule framed by the State Government (Punjab Police Rules) could be amended. Rule 13.7 of the Punjab Police Rules is as under:

(3.) A reading of the Rule 13.7 makes it abundantly clear that a general direction was given to hold the selection in the month of January. It is not uncommon, therefore, that for certain reasons such selection may not be completed in the month of January but that does not mean that the course is not to be held for the relevant year. As in the present case it took some time that the selection was completed in the month of February, 1992, and the actual course started in April, 1992. Rule 13.7 as it exists, thus, is to be read in the context that at the relevant time i.e. making the selection for the posts, the necessary eligibility conditions are to be fulfilled. If the selection is to be completed in the month say February, the persons who had completed three years of service and are Matriculate would be eligible for being considered for the test and further deputed for the course. The petitioner had completed three years of service on the date of selection i.e. February 28, 1992 and infact he was allowed to take the written test and had passed the same.