S.P.GOYAL,J. - (1.) This petition under Article 226 of the Constitution of India has been filed for quashing the selection of Shabegh Singh and Shiv Singh respondents Nos. 5 and 6 for admission to the promotion course for constables.
(2.) The method of selection for admission to the promotion course for constables at the Police Training College is provided in rule 13.7 of the Punjab Police Rules and the relevant portion of the rule reads as under ; "13.7. (1) List 'B' , in Form 13.7 shall be maintained by each Superintendent of Police. It will include the names of all Constables selected for admission to the Promotion Course for Constables at the Police Training College. Selection will be made in the month of January each year and will be limited to the number of seats allotted to the district for the year with a twenty per cent reserve. Names will be entered in the list in order of merit determined by the Departmental Promotion Committee constituted by the Inspector-General of Police on the bais of tests in parade, general law (Indian Penal Code, Criminal Procedure Code, Indian Evidence Act and Local and Special Laws) interview and examination of records. 2. All constables. (a) who are middle pass and have put in more than four years of service ; or (b) who are atleast matriculates and have put in more than three years of service ; or (c) who obtain first class with credit in the Recruit Course specified in rule 19.2 ; will be eligible to have their navies entered on the aforesaid list, if they are not above thirty years of age on the first day of July in the year in which the selection is made." Rule 13.20 of the Rules further provides : "In order to ensure that selection and promotion are made in accordance with the rules, Departmental Promotion Committees shall be set up at various levels. Such Committees shall arrange to put all eligible persons through a written test and parade. Thereafter those persons who secure the qualifying marks will be interviewed by the said Committee. The Committee will assess the merit of such persons on the basis of their service records as well as performance in the test. The sally bus for various tests, qualifying percentage of marks, the composition of Departmental Promotion Committees shall be prescribed by the Inspector-General of Police in the form of a standing order."
(3.) It is not disputed that respondents Nos. 5 and 6 never sat in the examination nor their names were brought on list 'B' by the Departmental Promotion Committee. However, it has been pleaded by the State that in view of the proviso to rule 13.1 of the rules, it is competent to reserve five per cent of the seats for members of the Police Force who have achieved outstanding distinction in sports filed at All India level or International level if they are otherwise eligible for promotion but for seniority. As respondents Nos. 5 and 6 have achieved that distinction they were rightly selected for the course against there served seats. The learned counsel for the petitioner does not challenge the reservation of the seats but contends that against these seats only eligible person can be selected and the benefit which is permissible under the proviso is that their lower number in the seniority list would not be a bar against their election. A bare perusal of the proviso would show that the argument of the learned counsel is well merited.According to this proviso five per cent of such promotions can be made from amongst the members of the Police Force who achieve outstanding distinction in sports field at all India level or international level if they are otherwise eligible for promotion but for seniority. It is, therefore, evident that a person who has achieved an outstanding distinction can be selected for promotion only if he is otherwise eligible. The eligibility of the member of the Police Force is determined by the Departmental Promotion Committee according to the provisions of rules 13.7 and 13.20. It is only if he is found eligible that he can be selected against a reserved seat even though he may be much junior to the other persons whose names were also brought on the selection list by the Departmental Promotion Committee. The benefit which is intended to be conferred on a member of the Police Force having outstanding distinction in sports appears to be that he is allowed to supersede the persons senior to him in the service but all other requirements and conditions for promotion have to be satisfied by him before he is allowed to earn any promotion.;