- (1.) The instant appeal under Clause X of the Letters Patent is directed against judgment dated 6.10.2010 rendered by the learned Single Judge holding that the petitioner-appellants cannot approach this Court as a Court of appeal over and above the opinion expressed by the Selection Committee.
(2.) It is appropriate to mention that the petitioner-appellants have claimed their right for deputing them to undergo Intermediate School Course at the Punjab Police Academy with retrospective promotion with effect from the date their juniors have been promoted. The Committee consisting of Inspector General of Police (Headquarters), Deputy Inspector General of Police (Administration) and Additional Advocate General, Punjab, was constituted for redressal of the grievances of police personnel. The Committee had come into being as a consequence of directions dated 4.3.2010 passed by this Court in CWP No. 566 of 2010 (Ranjit Singh and others v. State of Punjab and others). The learned Single Judge has considered the recommendation made by the Committee with regard to the prayer of the petitioner-appellants, which reads as under :- "3. In response to the contentions raised by the petitioners, the committee obtained written comments of the PAP. It has been explained therein that in the year 2005 out of a total of 60 seats in the Intermediate School Course, only 3 sports persons were to be deputed against 55 quota reserved for sports persons in the PAP. As per record, there were only 9 sports persons in the rank of Head Constable who were eligible to be considered against these 3 vacancies in the Intermediate School Course. It has been reported by the PAP that the selection of the 3 candidates out of 9 were made by a committee headed by ADGP/PAP who took a considered decision to provide representation from maximum number of disciplines. Accordingly, the committee headed by ADGP/PAP selected one candidate each with sports achievements in Equestrian, Gymnastics and Wrestling events who were recommended for the Inter Immediate Course namely as under:- 1. ASI Youngbir Singh - Equestrian 2. ASI Lalit Kumar - Gymnastic 3. HC Balwinder Singh - Wrestler 4. The record of Sh. Harjinder Singh No. 13/79 and HC Jagtar Singh No. 1/IRB/2 has been perused by the Committee. ASI Jagtar Singh, was repatriated on 3.6.2004 to his parent battalion, 13th Battalion PAP since he had discontinued his participation in Equestrian events at the National/Inter National level since 2002. Hence, he was not eligible to be considered against 5% sports quota. Similarly, the committee considered the credentials of HC Jagat Singh and ASI Youngbir Singh No. 1985/PAP on the basis of their sports achievements. The Committee headed by ADGP/PAP on the basis of comparative achievements of HC (ASI/LR) Jagtar Singh and ASI Youngbir Singh selected ASI Youngbir Singh. Since ASI Youngbir Singh is also senior to HC (ASI/LR) Jagtar Singh therefore, there is no ground for interfering with the decision of the selection committee headed ADGP/PAP/Jalandhar. 5. The claim of HC Jagtar Singh to be promoted against Sports Quota as per with ASI Lalit Kumar was also examined. Both officials were promoted as Head Constable on the same date i.e. 1.6.2004. It appears to be a considered decision by the committee headed by ADGP/PAP to select officials from different disciplines. As already discussed in the foregoing para, the committee head by ADGP/PAP selected ASI Youngbir Singh over HC Jagtar Singh both of whom were horse riders and had participated in National level equestrian Championship/ Tournaments. ASI Lalit Kumar was selected on account of his achievement as a Gymnast. The plea ASI/HC Jagtar Singh No. 1/IRB/2 is therefore not sustainable. Recommendation of the Committee :- On account of the above, the claim of HC Harjinder Singh and ASI (LR) Jagtar Singh for being deputed qua ASI Youngbir and ASI Lalit Kumar for the Intermediate School Course against 5% sports quota is not made out."
(3.) A perusal of the above would show that for the year 2005, 60 seats in the Intermediate School Course were to be filled. As per the norm of 5% quota, 3 seats were allocated to the sports-persons in the Punjab Armed Police. Out of 9 sports-persons in the rank of Head Constable, 3 were to be deputed to the Intermediate School Course for promotion to the post of Assistant Sub Inspector. The Committee headed by Additional Director General of Police/PAP, selected one candidate each with sports achievements in Equestrian, Gymnastics and Wrestling and recommended Youngbir Singh (Equestrian), Lalit Kumar (Gymnastic) and Balwinder Singh (Wrestler). The cases of the petitioner- appellant Nos. 1 and 2 Harjinder Singh and Jagtar Singh were considered and they were not found suitable. It is on the basis of the aforesaid selection made by the Selection Committee headed by the Additional Director General of Police/PAP that the learned Single Judge has come to the conclusion that the view of the Selection Committee cannot be substituted by the Court by becoming a Court of appeal. The view of the learned Single Judge is discernible from paras 5 and 6, which reads thus : "5. I have considered the reasons that form the basis for passing the order by the Committee. I find that no interference in extra ordinary writ jurisdiction, in the facts and circumstances of the case, is called for. This Court is not required to substitute its own opinion in regard to a better Gymnast or a better Equestrian. It has not been shown that the orders have been passed beyond the scope of law or by an authority which did not have the jurisdiction. 6. The issue has been considered by a Highpowered Committee. There has to be a terminus to every lis. It is for the departmental authorities to consider the parameters to be adopted, however, within the framework of the rules. Since no abrogation of statutory rules can be traced, no ground for interference in writ jurisdiction is made out.";