LAWS(P&H)-2018-12-74

DEEPAK Vs. STATE OF HARYANA

Decided On December 07, 2018
DEEPAK Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) .By this common order, all the above three petitions are being disposed of.

(2.) The petitioners (in CWP No.10792 of 2018) have made the following prayer:-

(3.) In support of these writ petitions, learned counsel for the petitioners in these petitions submits that three provisions mentioned in Rule 12.16 (8 and 9) of the Punjab Police Rules, 1934, providing for additional marks violates Articles 14 and 16 of the Constitution of India and therefore, these provisions are required to be quashed and after quashing, the selection process can be undertaken. In the body of the petition and the prayer, the challenge is to the first provision regarding 'medium of examination'. However, learned counsel for the petitioners did not argue on the said provision and in that place, they argued about the provision of additional 7 marks for candidates with higher education, namely, graduate or postgraduate degrees. The second provision was regarding provision of 5 additional marks to those whose close relatives are not in regular Government employment and last provision was award of additional 5 marks to the members belonging to the denotified tribe (Vimukt Jatis and Tapriwas Jatis) or Nomadic tribe, who are neither Scheduled Castes nor Backward Class. Learned counsel for the petitioners vehemently argued that the first provision regarding addition of 4 marks for graduates and 3 marks for postgraduates, is clearly arbitrary and in so far as the candidates who are 18 years old are concerned, they can only pass 12th standard and can, by no stretch imagination, obtain graduate or postgraduate degrees. In other words, according to him, the addition of 4 and 3 marks to a candidate, is totally arbitrary and a candidate of the age of 18 years would be clearly deprived of such marks and therefore, the said provision violates Articles 14 and 16 of the Constitution of India.