M.R. Agnihotri, J. - (1.) This judgement shall dispose of C.W.P. Nos. 13657, 12839, 13059, 13132, 13213, 13239, 13280, 13452, 13703, 14290, 14387, 14399, 15175, 15382, 15450, 15514, 15928, 15959, 16209, 16210 and 16229 of 1989, as also 1541 of 1990 in which common questions of fact and law are involved. All the petitioners in these writ petitions are aggrieved of the same impugned action of the State of Haryana by which their selection/appointment to the post of Constable/Lady Constable has been cancelled.
(2.) In August, 1989, Police Department of the State of Haryana decided to fill 3500 vacancies of Constables for the Haryana Armed Police, wireless Section, to strenthen its police force. For this purpose, the following advertisement in the form of news item appeared in the Daily Tribune:- "CHANDIGARH. August 8.-The Haryana Government had decided to fill 3500 vacancies of Constables for the Haryana Armed Police and wireless Section to strengthen its police force. The recruitment will be held at each district police headquarters and Police recruitment and Training Centre, Panchkula, from August 17 to 19. However, the recruitment for constables wireless operators will be conducted on August 18 only. The candidates will be considered for this recruitment at their respective home district headquarters. The wards of serving police personnel who are residents of Haryana have been asked to appear for recruitment at their home district headquarter. Those not having any home district in Haryana may appear in district where the official or father of the ward is serving. The minimum standard required by those candidates who apply for the post of constable drivers, other constables and constable wireless operators are : 5 ft to 7 ft, chest 33" - 341/2" and age between 18 to 27. The academic qualification required for constable driver is matriculation and he should possess a valid driving licence. For other constables, the qualification is matriculation. However, for constable wireless operators the academic qualification should be B.Sc. or matriculation with a radio and TV diploma from an ITI. For this category even those females are eligible. Also those who are matriculates and have a typing speed of 40 words per minute are eligible. A typing test has been prescribed for such candidates. These standards are relaxable in case of the reserved categories as per the instructions of Government in this regard. However, no relaxation will be given in academic qualifications." In pursuance of this decision, Mr. Chiranji Lal Sharma, the then Superintendent of Police, Wireless, Haryana, called upon the interested candidates to report for selection on 18th August, 1989, at 7 A.M. Accordingly, the petitioners along with a number of other candidates reported for interview and other tests. The selection was held by the Selection Committee headed by Mr. Chiranji Lal Sharma, Superintendent of Police, Wireless. After selection,all the petitioners were deputed to appear before the Chief Medical Officer concerned for medical examination. The memo issued by the Superintendent of Police for this purpose is reproduced below:- "From The Superintendent of Police, Wireless, Haryana, Chandigarh. To The Chief Medical Officer, No Dated, Chandigarh, the Subject; Medical examination Memo. Shri___________s/o Shri resident of __________, Police Station ________________ considered for enlistment as temporary constable RT Opr./messenger/Lady Const. He is being sent to you for medical examination and opinion if he is fit for enlistment in this section and is also free from all contagious diseases. Sd/- Superintendent of Police, Wireless, Haryana, Chandigarh." Thereafter, the petitioners were duly examined by the medical officer concerned and were found fit and their fitness certificates were received by the police authorities on 21st August, 1989. Thereupon, the petitioners were directed to report for training by 31st August, 1989, along with necessary clothings, beddings, etc. as the training was to start from 1st September, 1989.
(3.) After that all the petitioners reported for training on 31 August, 1989. On that day, constabulary numbers were allotted to them and orders of appointment were issued by the Superintendent of Police. One such order reads as under:- ORDER Shri/Miss/Mrs.________________________S/o or d/o or w/o Shri________________ Caste__________________R/O.V.___________________________ , P.O. Police Station ________________ Distt. _________________________ qualification__________________height______________________Chest __________________date of birth __________________ declared medically fit by C.M.O.__________________is hereby appointed as temporary const./ Lady constable provisionally against an existing vacancy in this Section with effect from ____________in the pay Scale of Rs. 950-25-1200-30-1560-40-1800 with initial start of Rs. 1000/- P.M. He is liable to be discharged from service without notice under P.R. 12.21 if he is found unlikely to prove an efficient Police Officer at any time within three years of his/her enrolment. This order be booked and compliance ensured. He/she is allotted constabulary No.______________ Sd/- Superintendent of Police, Wireless, Haryana, Chandigarh. No______________Dated___________________ Copies to: They were also issued the uniform kits and tokens by the Superintendent of Police, respondent No. 3.;