SURESH KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner is a Constable and working as such with the respondent-State since 25.8.1992. He is aggrieved by the result declaring him fail for B-I list test held in January, 2004, which is necessary for promotion to the post of Head Constable. After his recruitment in service, the petitioner was detailed to the commando course for three months which he passed by securing first position. He was further deputed to Drill Instructor Course at the Police Training College, Madhuban which he passed on 31.7.1997 by securing first division. In November, 1997, the petitioner also successfully passed the Personal Security Officer Course by securing first division. In January, 2004, the petitioner appeared for BI List Test and qualified the written test. He was called for the parade test but he failed to qualify the parade test. The private respondent Nos. 6 to 11 have successfully passed the test and were deputed for the lower School Course.

(2.) The stand of respondent Nos. 1 to 4 in the written statement is that the written test was held on 17.1.2004. Out of 569 candidates who appeared only 224 candidates were declared passed. It is further clarified that only 216 candidates appeared in the parade test including the petitioner who failed and only 149 candidates were declared as passed. According to Rule 13.7 these candidates were interviewed on 20.1.2004 and accordingly their names were recommended for admission on promotion list BI to the Inspector General of Police, Gurgaon Range for approval. 27 candidates from Gurgaon range in 55 % quota and 18 candidates with 35% quota were selected for deputing them to undergo lower school course at Madhuban in two batches by allocating 50 percent in each batch. The petitioner was not able to qualify the parade test and therefore was not called for interview. He had secured 8.5 marks in the parade test and the score has been divided in various heads as given in para 6 and the same reads as under : <FRM>JUDGEMENT_517_LAWS(P&H)5_2006(1).html</FRM>

(3.) The respondents have further pointed that a person who might have passed out Drill Instructor Course would not necessarily pass the parade test. Instances have been given. By way of instance, the score of the petitioner vis-a-vis respondent Nos. 6 to 11 has been given. In the endurance test of 1500 mts. run within 7 minutes the petitioner has secured zero marks and there are other constables like Paramjit 547 (GGN), respondent No. 7 who has also secured zero mark in the parade test. The table as produced in para 10 is extracted below for the sake of clarity. <FRM>JUDGEMENT_517_LAWS(P&H)5_2006(2).html</FRM>