GURDEV SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) HEAD Constable, Gurdev Singh, has filed this petition under Article 226/227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing respondent No. 2 i.e. Director General of Police cum Director, Punjab Police Academy, Phillaur, to accept the joining of the petitioner for pursuing intermediate school course at Punjab Police Academy, Phillaur commencing from 1.4.2009.

(2.) LEARNED Counsel for the petitioner contends that a perusal of Annexure P -1 indicates that on 28.4.2009, one Som Nath, Head Constable, had shown his unwillingness to undergo intermediate school course, so, petitioner was deputed to undergo the course commencing from 1.4.2009, It has further been pointed out that vide Annexure P -2 (collectively) dated 30.4.2009, the petitioner was found medically fit as per the certificate issued. The petitioner was even relieved from Ferozepur for undertaking the course. It has been contended that the petitioner was not allowed to join the course. The petitioner approached this Court whereupon vide interim order dated 19.5.2005, it was directed that in the meantime, the respondents are directed to allow the petitioner to join the course in pursuance of Order, Annexure P -l.

(3.) IF a person misses substantial period of a course, he shall either not pass or would be given inadequate training. Completion of course in itself is an important event in the career of a Constable for future prospects. A Constable is a public servant in a disciplined force and is required to be properly trained. Period of training is fixed and the rules governing the issue provide only for margin of one week late joining. This Court in writ jurisdiction would not ordinarily interfere with the subjects such as training, in deviation to the provisions contained in the rules/manual. In this view of the matter, the petitioner has no right to seek a writ of mandamus directing the respondents to allow the petitioner to join the course, even though approximately two months of the course have gone by. The prayer, under the circumstances, cannot be accepted. The new course, however, would be starting on 1.10.2009. Mr. Ashok Pathak, District Attorney, Punjab Police Academy, Phillaur, has given an undertaking that the petitioner would be allowed to join the intermediate school course commencing from 1.10.2009. In view of the undertaking given, the petition is disposed of with directions to respondent No. 3 i.e. Deputy Inspector General of Police, Ferozepur Range, Ferozepur, to enable the petitioner to join the course commencing from 1.10.2009.