PREM DEVI Vs. DIRECTOR GENERAL OF POLICE HARYANA

JUDGEMENT

(1.) Prem Devi, Lady Constable of District Mohindergarh, in Haryana, has approached this Court for the issuance of a writ of mandamus commanding the Director General of Police, Haryana, the Deputy Inspector General of Police, Hissar Range, Hissar, and the Superintendent of Police, Narnaul, respondents 1 to 3, respectively, to depute her to undergo the Lower School Course at the Police Training School, Madhuban, on the basis of her performance in the written and parade tests held by the respondents on 21st and 22nd of January, 1987, in which she has secured first position amongst the Lady Constables.

(2.) The petitioner was enrolled as Lady Constable in the cadre of Haryana Lady Police on 9th Nov., 1981 and has been in service since then. On 25th May, 1984, the Director General of Police, Haryana, directed the Deputy Inspector Generals of Police and the Superintendents' of Police in the respective districts to hold B-I Test for the Lady Constables in the first week of July, 1984, "on the pattern of men constables". so that seats could be allotted for deputing Lady Constables in the Lower School Course commencing from 1st Oct., 1984. This communication was in fact in pursuance of an earlier decision of the State Government arrived at in 1981-82, when sufficient number of police force had been sanctioned by the State Government and standing instructions for holding B-I Test for the Lady Constables forming a separate cadre had been issued on 29th Mar., 1984, in accordance with R. 13.7 of the Punjab Police Rules, 1934, as applicable to the State of Haryana, and amended from time to time.

(3.) Thereafter, though a test was held on 5th Jan., 1986, in Hissar Range, but as the petitioner had gone out for the Coaching Camp for All India Police Games, she was not called for the test. Since five seats for the Lady Constables were to be filled at that time, four seats meant for the Lady Constables remained vacant as only one Lady Constable from district Sirsa could be sent for the Lower School Course at Madhuban. In 1987, the written test was held on 21st January and the parade test was held on 22nd January, and the petitioner qualified the same standing first in the merit list. Since the above test was held jointly for the men and Lady Constables, the name of the petitioner was placed at number 11 in the joint merit list and at number. 1 in the merit list of Lady Constables. According to the petitioner, she was entitled to be deputed for training in the Lower School Course commencing from 1st April, 1987, but somehow it was not done. She waited for her chance for being sent in the next course after six months, that is, with effect from 1st Oct., 1987. Apprehending that she would not be given the chance to undergo the training course, the petitioner approached this Court on 21st Sept., 1987, with a prayer that she should be deputed to undergo the Course on her own risk during the pendency of the writ petition.