BALWINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE in the instant writ petition is to the order dated 20.5.2008, Annexure P9, whereby the claim of the petitioners for being deputed to the Lower School Course on the basis of written test held in the year 2002 has been rejected. Further prayer is for the issuance of a writ of mandamus for directing the respondents to depute them for the Lower School Course and to grant them promotion at par with other allegedly similarly situated constables who had qualified the written test held in the year 2002.

(2.) BRIEFLY noticed, petitioner No.1 was enrolled as lady Constable in Punjab Police on 31.3.1980, whereas petitioner No.2 was enrolled as lady Constable on 15.12.1986. Qualifying the Lower School Course is a condition precedent for a Constable for promotion to the post of Head Constable. It has been pleaded that for sending lady Constables to the Lower School Course, a test was held on 15.3.2002. As per standing orders dated 17.11.1992, Annexure P1, issued by the Director General of Police, Punjab, a written test in law is required to be conducted which is to carry a maximum 50 marks. Qualifying marks in such written test have been fixed as 50%. Further more, the test is required to be held on the same date at all Centres across the State and even the result is to be declared on the same date. The petitioners plead that they secured 38 and 35 -1/2 marks, respectively, i.e. more than 50% marks required for qualifying the same and, as such, were required to be sent for the Lower School Course commencing in April 2002. As they had not been so deputed, they filed Civil Writ Petition No.3623 of 2003, and a Division Bench by interim order dated 28.3.2003 issued directions for the petitioners to be sent for the Lower School Course commencing w.e.f. 1.4.2003. However, the State Government filed a Civil Misc. application seeking vacation of the interim order, and the writ petition was finally disposed of vide order dated 11.5.2004 holding the petition to be pre -mature. The operative part of that order reads as follows:

(3.) THE petitioners thereafter filed Civil Writ Petition No.9579 of 2004 seeking a direction to be deputed to the Lower School Course that commenced in the year 2004, but such writ petition was dismissed by a Division Bench, vide order dated 7.9.2006 in the following terms: "The issue in question relates to the claim at the hands of the petitioners that they should be deputed to the Lower School Course. It would be pertinent to mention that qualifying the Lower School Course is a condition precedent for a Constable for promotion to the post of Head Constable. It would also be pertinent to mention here that the cadre of Constables and Head Constables is a district level cadre. In view of the factual and legal position noticed herein above and with an aim and object of ascertaining the legal rights of the petitioners, the petitioners were allowed to file an affidavit in this Court depicting the details of other Constables from the same district who despite having lesser marks than the petitioners have been deputed to the Lower School Course. In response to the aforesaid, Civil Misc. application has been filed wherein in para No.1, it is averred as under: - "7. That the petitioners made their level best efforts to locate and identify such candidates but they could not trace out the particulars of any such candidates. So the petitioners made a humble submission before this Hon'ble Court that the matter may be heard as it is and the writ petition may be decided and heard on merits as per the averments already contained therein and the applications filed subsequent thereto. The petitioners are unable to file an affidavit so as to comply with the orders dated 05.07.2004." It is, therefore, apparent that the petitioner has not been able to furnish information to this Court that there is anybody in his cadre, who has been deputed for the Lower School Course, and over whom the petitioner has a superior right. That being the accepted factual position at the hands of the petitioners themselves. In view of the above, we find no merit in the claims of the petitioners for being deputed to the Lower School Course. Dismissed."