YASHPAL AND ANOTHER Vs. STATE OF HARYANA AND OTHERS
LAWS(P&H)-2011-2-508
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 03,2011

YASHPAL AND ANOTHER Appellant
VERSUS
State Of Haryana And Others Respondents

JUDGEMENT

- (1.) This order shall dispose of LPA Nos. 57, 65 and 71 of 2007 filed by the unsuccessful petitioner-appellants under Clause X of the Letters Patent challenging judgment dated 25.1.2007 rendered by the learned Single Judge dismissing CWP No. 9808 of 2005 filed by them.
(2.) The petitioner-appellants were selected as Sub Inspectors in the Police Department, Haryana, by the Haryana Staff Selection Commission. On 15.9.2003 they were offered appointments and deputed to one year basic training at the Haryana Police Academy, Madhuban w.e.f. 1.10.2003. They were required to pass the outdoor and indoor examination which were conducted from 13.7.2004 to 23.7.2004. On 24.8.2004, the result was declared and out of 83 candidates only 10 could pass the examination. It has been claimed that under Rule 3.8 of the Police Training Manual, the Board of Examination granted 30 grace marks and thus, 20 more candidates were declared pass. Thereafter, from 15.9.2004 to 27.9.2004 second examination was conducted and out of 53 candidates who had appeared, 46 were declared to have passed the examination. The petitioner- appellants are the unsuccessful candidates. Subsequently, in pursuance to an order dated 15.6.2005 passed by the Director General of Police, Haryana, the services of the petitioner-appellants were terminated by invoking Rule 12.8(1) read with Rule 19.25(1) of the Punjab Police Rules, 1934 (as applicable to Haryana) [for brevity, 'the Rules'] by the respective Superintendent of Police.
(3.) Challenging their orders of termination, the petitioner appellants filed CWP No. 9808 of 2005 before this Court claiming that they were entitled to four chances to clear the said examination, which have not been afforded to them. It was also pleaded that even the examination were held before completion of one years training and sufficient time was not granted to them. The last submission made by them was that they have been discriminated in the matter of grant of grace marks because the Board of Examination has recommended grant of 3.5 and 5.5 grace marks in favour of Sarvshri Anoop Kumar and Sanjay Kumar, which has not been acceded to by the Director General of Police. Even if 20 grace marks were awarded to them in the second chance they would qualify the examination.;


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