Rajendra Nath Mittal, J. - (1.) Briefly, the case of the petitioner is that he joined the Punjab Police as a Constable in 1947, after the partition of the country. He passed the Lower School Course in the year 1953-54 and thereafter he was promoted as Head Constable on Nov. 1, 1957 Later, he was confirmed as such under the orders of the Deputy Inspector General of Police, Jullundur Range, Jullundur on May 22, 1962. He was promoted as Assistant Sub-Inspector with effect from 8-1-1962. He was also sent for Intermediate School Course which he passed in Sept. 15, 1963.
(2.) The case of the petitioner further is that respondent Nos. 3 to 7 were junior to him. They were sent for the Upper School Course superseding the claim of the petitioner. Later respondent Nos. 3 to 10 were promoted as Sub Inspectors against regular vacancies in spite of the fact that respondent Nos. 8 to 10 had not even passed the Upper School Court and as such they were not eligible for appointment as Sub-Inspectors. He challenged the action of the department in not sending him for the Upper School Course through a writ petition No. 1142 of 1969. In the return it was stated that the petitioner had been selected for the Course commencing on Oct. 1, 1969. When the writ petition came up for hearing before learned Single Judge, it was dismissed as infructuous in view of the aforesaid averment of the department.
(3.) The petitioner after having completed the course represented to the department that be was qualified for being promoted as Sub-Inspector but his representation was rejected. It is averred that respondent Nos. 3, 4, 6 and 7 have been confirmed as Assistant Sub-Inspectors vide order dated Aug. 4, 1971 with effect from Aug. l, 1971. He has challenged the order of confirmation of the respondent Nos. 3, 4, 6 and 7 dated Aug. 4, 1971 and that of promotion as Sub-Inspectors of respondent Nos. 8 to 10 through this writ petition. The writ petition has been contested by the respondents.;