KUNDAN LAL, CONSTABLE Vs. STATE OF HARYANA

JUDGEMENT

(1.) This bunch of fifteen writ petition Nos. 8097, 7681,14315,14912, 16241,16801,15239,15368,16000,16108,16109,17328,17726 and 18995 of 1991 and 78 of 1992 involve a common question regarding the interpretation of Rule 13.7 of the Punjab Police Rules, 1934 , Volume II (as applicable tq Haryana State), hereinafter referred to as 'the Rules'. Accordingly, these petitions are being disposed of together by this judgment.

(2.) The petitioners have assiduously assailed the selection for Lower School Course on the grounds that more marks were given than the maximum prescribed for the character rolls; it was an act of favouritism and the selection was made arbitrarily. It is further stated that an envisaged by Rule 13.7 of the Rules maximum marks in all the four tests are required to be fixed and no maximum marks were fixed for examination of the service record. A person can be sent for the course only if he has obtained at least 50% marks in each test. Resultantly, the petitioners have prayed for quashing the selection as well as List-B and sought a mandamus directing the respondents to send them to the course in accordance with their respective merit.

(3.) The respondents have refuted the averments made by the petitioners. Selection on the basis of test is admitted. It is also admitted that assessment of service record is to be made on the basis of education, courses passed and commendation certificates earned during service. The persons detailed for the course are qualified under the Rules and they all had cleared all the tests. They were sent in order of merit. The petitioners' averment regarding providing maximum 15 marks for the character rolls has been denied. It is asserted that Police Rules do not provide the maximum marks for the character roll to be 15. The limit of 15 marks is only provided in respect of Class II and Class III commendation certificates earned. Selection on mala fides is denied.