ASHOK KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was recruited as a Constable on May 9, 1989. He was transferred to Ist Commando Battalion and deputed to Assam in January, 1994. In response to a query, he was informed that no test for admission to List B-1 which consist of persons found suitable for being sent for the Lower School Course shall be held in January, 1995. However, subsequently, he discovered that in fact, the test had been held on January 28, 1995 and the persons who were selected had been deputed for the course. On coming to know of this, he represented. Having got no response from the respondents, the petitioner had approached this Court through the present writ petition with a prayer for the issue of a writ of mandamus directing the respondents to create a special seat and depute him for the course ''starting from 1.10.1995.''

(2.) In the written statement filed on behalf of the respondents, it has been stated that initially the Government had taken the decision that no test for deputing the constables for the Lower School Course shall be held in the year 1995. Intimation in this regard was given to all Heads of Departments vide TPM dated November 26, 1994. Later on, it was decided to hold the test on January 28, 1995. Information was, thus, conveyed to all Heads of Departments vide teleprinter message dated December 19, 1994 and January 10, 1995. This information had also been conveyed to the Inspector General of Police (Commando) who is incharge of the entire Commando Force. The test was, accordingly, held. Those persons who appeared were considered. The selected candidates were deputed for the course. It has been further stated that the test is held every year and the petitioner is entitled to appear in the said test.

(3.) Mr. Hari Singh Mann, learned counsel for the petitioners submits that no intimation was given to the petitioner with regard to the date of the test. On the contrary, he had been informed that no test is being held. By the communication of wrong information, the interests of the petitioners have been jeopardised and various persons who had actually appeared in the test have stolen a march over him.