MANSA RAM Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) PETITIONER -Mansa Ram was selected and enlisted in the Police Department on 1.12.1988. On completion of his training, he started serving the Department. Initially, he was posted at Yamuna Nagar and thereafter he was transferred to Hisar range.

(2.) AS per Rule 13.1 of Punjab Police Rules, 1934 as applicable to Haryana, the promotion in the Police Department is to be regulated on the basis of lists B, C, D, E and F, which are prepared on the passing of said course. The promotion from the post of Constable to the post of Head Constable is made on the basis of passing Lower School Course. As per rule, the test of lower school course is held in the month of January of each year. The petitioner appeared in the B -1 test held in District Yamuna Nagar on 29.1.1994 but he could not clear the test. Thereafter he was transferred to District Hisar and he again appeared in B -1 test in the same year. He was selected in District Hisar but could not be deputed to Lower School Course as his name was not approved as he had already appeared in the test but failed in B -1 test held in batch No. 35 in District Yamuna Nagar.

(3.) LEARNED counsel for the petitioner submits that as per Rule 13.1 (1) and (2), the date of admission to list 'C' is not material but the order of merit in the examination is relevant. Learned counsel further submits that the petitioner is entitled for inclusion of his name in List 'C' as for determination of his seniority for the promotion to the rank of Head Constable it should be treated as if he has passed Lower School Course in September, 1994 inspite of March, 1995. Learned counsel also submits that the action of respondents is not only violative of Articles 14 and 16 of the Constitution of India but mala fide as well.