JASWINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Jaswinder Singh Constable has filed this writ petition under Articles 226/227 of the Constitution of India for issuing directions to the respondents to hold B-1 Test/selection of the petitioner and to bring the name of the petitioner on List-B of the Constables for admission to promotion course in the Police Training College since his juniors had been sent on 17/18.1.1994.

(2.) In para-4 of the petition, it has been submitted by the petitioner that he is a Matriculate and, therefore, he is entitled to join B-l Test on completion of three years service as per Rule 13.7(b). Written statement on behalf of the respondents has been filed by respondent No. 3. In reply to para-4 of the petition, it has been stated in the written statement that para-4 of the petition is wrong and denied. It is further submitted in reply to para-4 of the petition that respondent No.2 constituted the Departmental Promotion Committee for district Kurukshetra and the test was conducted on 18/19.1.1994 and not on 17.1.1994. It has further been stated in para-4 of the written statement that to be a Matriculate and having completed 3 years service is not the eligibility for joining the B-l Test, as claimed by the petitioner. It is further stated therein that all the Constables, irrespective of their educational qualifications, are eligible to appear to B-I Test, if they are under the age of 40 years and have completed five years service on the first day of July for the year in which selection was to be made. It has been further stated that it is absolutely wrong that the petitioner was not informed about the B-I Test being held in the month of January, 1994 was given vide Police Radio Message dated 15.12.1993 and it was addressed to all concerned. It has been further stated that it is absolutely wrong that the petitioner was unaware about the holding of the test. It is further stated therein that the true fact is that the petitioner was never willing to take part in the said test and that even according to the petitioner himself, he was deputed for V.I.P. duty on 17.1.1994, he left the Police Station along with other officials at 4-35 p.m. on 17.1.1994 for Police Lines, Kurukshetra vide D.D.R. No. 20 dated 17.1.1994. It is further stated therein that the petitioner would have reached Police Lines, Kurukshetra before 5.30 p.m. and that the V.I.P. duty was cancelled.

(3.) Rule 13.7 of the Punjab Police Rules, as amended by Haryana, reads as under:-