SAILENDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has approached this Court, praying for quashing of letters dated 20.8.2010, 19.1.2011 and 27.8.2013, Annexures P -9, P -11 and P -13 respectively, vide which his prayer for fixing him in Batch No. 43 seniority list according to the marks obtained by him, although in the reappear stands rejected. It is the contention of counsel for the petitioner that the petitioner was recruited as a Constable on 28.2.1992. He was brought on List B -1 vide order dated 8.12.2003 and was deputed to undergo the Lower School Course in Batch No. 43 at the Haryana Police Academy, Madhuban. In the result dated 1.10.2004 (Annexure P -2), petitioner was shown as reappear in the paper of Local and Special Law/Evidence Act for the reason that he had used red ink for highlighting the headings in the said paper. The result of the petitioner was, thus, not declared. He appeared in re -appear exam and his result was declared as pass on 19.1.2005 (Annexure P -3) and he was placed at the bottom of said list.

(2.) PETITIONER asserts that he has got higher marks in merits and, therefore, should be placed in the seniority list of Batch No. 43, as per the merit obtained by him in the course after clearance of reappear. He has further stated that no seniority list was ever circulated prior to 26.8.2008 and on the said date tentative seniority list was circulated and the petitioner found his name at Sr. No. 278 whereas he should have been placed higher in the batch as per his merit. He submitted a representation to the Superintendent of Police, Karnal. The said representation of the petitioner for putting him at the higher place in the seniority list was rejected by the Director, Haryana Police Academy, Madhuban (respondent No. 5) vide order dated 20.8.2010 (Annexure P -9). In the said order, it was mentioned as follows: -

(3.) IT is the contention of counsel for the petitioner that in the light of the fact that the petitioner has cleared the examination in re -appear and his result has been declared on 19.1.2005, the said result would relate back to the date when the other batch members were declared pass i.e. 1.10.2004. His contention is that with the declaration of the result to be related back to 1.10.2004, as per the merit then obtained by the petitioner in B -1 test, he is required to be placed at the appropriate place in the seniority list of that batch. On the question of relating back to the original date of declaration of result, counsel for the petitioner has placed reliance upon a Division Bench judgment of Delhi High Court reported as Prashant Srivastava Vs. C.B.S.E. and others, : AIR 2001 Delhi 28. Prayer has, thus, been made for setting -aside the impugned letters/orders and for directing the respondents to grant him the benefit as has been claimed in the present writ petition.