J.L. Gupta, J. - (1.) The Petitioner is a member of the Punjab Armed Police. He has been working on the post of Sub Inspector Since 30th May, 1986. He is on deputation to the Union Territory of Chandigarh. On 5th September, 1989, he was deputed to go to Jabalpur for depositing certain arms and ammunition. On his way back, he met with an accident. He suffered injuries. In particular, there was fracture of the right femur. His thigh muscle was crushed. As a result, he had to remain admitted in the Hospital at Gwalior and thereafter in the PGI as an indoor patient. He suffered 35% disability in his general working condition while there was greater handicap in the use of the right leg. The Petitioner approached the Respondents for the grant of exemption from qualifying the Upper School Course which is considered necessary for becoming eligible for promotion to the post of Sub Inspector and Inspector. His case was duly recommended by the Senior Superintendent of Police, Union Territory, Chandigarh vide, - his letter dated 27th August, 1997. Even a note regarding the Petitioner's performance was' forwarded. Vide order dated 22nd January, 1998, the Petitioner's request was declined by the Director General of Police, Punjab. No reason was assigned. Aggrieved by the order, the Petitioner represented, having failed to get a positive response, he has approached this Court through the present writ petition.
(2.) The Petitioner alleges that the action of the Respondents is totally arbitrary and unfair. He also states that the action suffers from the vice of discrimination. It has been averred that in the case of ASI Rajinder Singh, exemption was granted "merely because he was to look after his aged parents and sick wife besides having two minor school -going children." Similarly, ASI Baldev Singh and Head Constable Subhash Chander had been granted exemption.
(3.) In the written statement filed on behalf of the State of Punjab and the Director General of Police, it has been inter alia averred that "it is sufficient that we are tolerating handicapped persons in the force when physically fit persons are available. Actually, in such matters, persons should be sent on disability pension. No exemption and no promotion should be our policy.... It has also been averred that under Punjab Police Rule 13.21. 'It is the sole discretion of the IGP (now DGP) to grant or decline the prayer of the Petitioner for according him exemption from passing the prescribed Upper School Course." Still further, in answer to the charge of discrimination, it has been stated that "the grant/ decline of the prayers for exemption is the sole discretion of IGP (now DGP) under PPR 13.21. It is submitted that the case of the Petitioner was considered and rejected on merits by the DGP.... It has also been averred that ASI Rajinder Singh was granted exemption due to his outstanding record.;