MAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) UNDER the Punjab Police Rules, 1934, as amended from time to time for promotion from the rank of Constables to the rank of Head Constables, from Head Constable to Assistant Sub-Inspector and from the rank of Assistant Sub Inspector to the rank of Sub-Inspector, there is a pre-requisite that the Constable, Head Constable or the Assistant Sub Inspector, as the case may be, should pass the lower School Course, Intermediate School Course, Upper School Course, respectively. These courses are held at the police training college, Phillaur, run by the Government in the Police Department. From time to time Punjab Government has been issuing instructions making certain reservations in favour of scheduled caste/backward classes for purpose of promotion to the next higher ranks. Vide instructions dated January 1, 1. 971, the State Government had reserved 22% posts for Scheduled Castes and 2% for Backward Classes. To achieve the object of reservation in promotion to the ranks of Head Constable, Assistant Sub-Inspector, and Sub-Inspector (for which under the Punjab Police Rules, passing of lower School Course, Intermediate School Course and Upper School Course is necessary), the State Government issued instructions on March 30, 1979 (copy Annexure P-1.) reserving the same percentage of seats in the Police Training College, Phillaur, in favour of Scheduled Caste/backward Classes as were reserved for them for purpose of promotion. The aforesaid instructions read as under :

(2.) THE petitioners at the time of filing the writ petition were working as Assistant Sub-Inspector in the Punjab Police. Private respondents (respondent No. 5 to 10) who belong to Scheduled Caste Category, though junior to the petitioners, were deputed for the Upper School Course by virtue of the reservation effectuated by the instructions dated March 30, 1979, reproduced above. According to the petitioner, there cannot be any reservation at the stage of deputing Constables, Head Constables or Assistant Sub-Inspector for different course and the instructions are violative of Article 16 (4) of the Constitution of India.

(3.) IT may be observed here that under the Punjab Police Rules, a Head Constable who is otherwise eligible for being deputed to the Intermediate School Course is brought on list D-1 under Rule 13. 9. Those Head Constables who have already passed the Lower School Course and the Intermediate School Course are brought on list D-II under Rule 13. 9 of the Rules and similarly an Assistant Sub-Inspector who has passed the Upper School Course is brought on list-E under Rule 13. 10 of the Rules. The Full Bench while dealing with the case of Assistant Sub-Inspectors held that so far as Assistant Sub-Inspectors are concerned, while deputing them to the Upper School Course for making them eligible for consideration for promotion to the rank of Sub Inspector, the process of selection for promotion does not start. It is only after an A. S. I, qualifies the Upper School Course that the process of promotion would start. Consequently, the instructions regarding reservation in promotion for Scheduled Caste and Backward Classes could not be made applicable for deputing Assistant Sub-Inspector belonging to reserved categories for the Upper School Course.