M.R. Agnihotri, J. - (1.) The petitioners belong to the District Police Cadre of Gurgaon and are at present posted on deputation with Police Training College, Haryana Police Complex, Madhuban. This Madhuban Police Training College has a separate quota for training of Police officers in addition to the quota reserved for the district police constabulary for deputing the police officers to various courses. On 31st May, 1990, when H.C. Rajinder Singh No. 50 P.T.C. and H.C. Siri Niwas No. 195 P.T.C. were selected to undergo the Lower School Course, both the petitioners represented to the Director, Police Training College, Madhuban, on the ground that they being senior to H.C. Rajender Singh and H.C. Siri Niwas, should have been deputed for the training of Lower School Course. This representation was accepted by the Director, Police TVaining College, Madhuban, and by order dated 16th June, 1990, both of them were deputed to undergo the training of Lower School Course which had commenced from 1st April, 1990. Both the petitioners joined the Course on 20th June, 1990, and 23rd June, 1990, respectively and started attending the same. However, hardly a week had passed when on 27th June, 1990, the impugned order of Inspector General of Police, Haryana Police Complex, Madhuban, was issued, by which the selection of the petitioners made on 16th June, 1990, and 23rd June, 1990, was quashed, and as a consequence thereof, they were withdrawn from the Lower School Course. This order dated 27th June, 1990, annexure P. 4, has been challenged by the petitioners in this Court, mainly on the ground that it is violative of Articles 14 and 16 of the Constitution, as before withdrawing them from the Course, the petitioners were not afforded an opportunity of hearing and thus principles of natural justice stood violated.
(2.) In reply, the respondents have pleaded in their written statement that there was no violation of the Principles of natural justice and no opportunity of hearing was required to be afforded to the petitioners, as they did not have a right in law to be selected and deputed on the Course merely on the basis of seniority.
(3.) Having heard the learned counsel for the parties and after going through their pleadings, I am of the considered view that the writ petition deserves to be allowed on the short ground, that the impugned order was violative of the principles of natural justice. Once the petitioners had been selected and deputed for undergoing the Lower School Course, the selection could not be set aside and the petitioners withdrawn from the Course, unless the authorities had brought to the notice of the petitioners the illegality or factual defects in their selection. This could only be done if an opportunity of hearing by way of notice etc. had been afforded to them, which, in fact, was not done before passing the impugned order. The pleas raised by the respondent authorities by way of justification in support of the impugned order that seniority of district constabulary was different than the seniority of the employees on deputation with Police Training College, Madhuban, and that seniority alone did not confer a right on the petitioners to claim selection, cannot be considered and gone into the absence of any opportunity of hearing being afforded to the petitioners.;