Rajendra Nath Mittal, J. - (1.) This judgment will dispose of Civil Writ Petition Nos. 897 and 931 of 1980 which contains same questions of law. The facts in the judgment are being given from Civil Writ Petition No. 897 of 1980.
(2.) Briefly, the case of the petitioners is that they were employed as constables in the Police Department. Petitioners Nos. 1 to 4, 6, 11 and 15 were brought on List B-1 by respondent No. 3 on March 30, 1979 and petitioner Nos. 5, 7 to 19 and 12 to 14 on Oct. 3, 1979. It is stated that list B-1 was prepared according to Rule 13.7 of the Punjab Police Rules, 1934 thereinafter referred to as the rules; and had been approved by the Deputy Inspector-General of Police, respondent No. 2. It is further averred that in accordance with the police rules the petitioners are entitled to be sent to Lower School Course to be started in April, 1980, But Rule 13.7 it is said, has been amended in March, 1980 and in view of that rule, they are not being sent there. Consequently, they have prayed that the respondents be directed to send them to the course in accordance with rule 13.7 as existed before amendment. The writ petition has been contested by the respondents who, inter alia, pleaded that the respondents are entitled to make afresh selection under the amended Rule 13.7.
(3.) It is contended by the learned counsel of the petitioners that they were duly selected Under Rule 13.7 and were brought on List B-1. Under the aforesaid rules they are entitled to be sent to the Lower School Course in April, 1980. He further argues that the rule has since been amended and the Government in pursuance of that rule has made a fresh selection which is illegal and liable to be set aside On the other hand, the learned counsel for the respondents has vehemently argued that the intention of incorporating the new rule was that the selection should be made afresh under the amended rule. According to the counsel, the candidates already brought on List B-1 were thus not entitled to tie sent to the course.;