K. Kannan, J. - (1.) THE petitioner seeks for issuance of certiorari to quash the order passed on 04.09.1990 rejecting his representation for consideration of seniority in List D and for promotion. List D is for enlisting the persons for promotion as ASI from Head Constable's post. The eligibility for promotion is again on consideration of the fact that the person had passed Intermediate School Course. The petitioner claimed that he had already passed such a course and, therefore, he was entitled to consideration for promotion. The petitioner also claimed for promotion to the higher post on the ground that he had passed also the Upper School Course. The rejection of his request was on the ground that this could not be in violation of the seniority principle. The petitioner's qualification that he had obtained was reported to be under fortuitous circumstances by the fact that the petitioner had been sent on deputation to Police Training College, Madhuban and he had obtained these qualifications during this tenure.
(2.) THE learned counsel appearing for the State would refer me to a decision of Full Bench in "Sardul Singh Head Constable v. Inspector General of Police, Punjab and Others, : AIR 1970 P&H 481". The learned counsel would refer me to Paras 15 and 16 to support his contention, which are reproduced hereunder: 5. For the reasons given above, we are of the opinion that every Head Constable on list 'C' has the right to be sent for the Intermediate School Course in the order of his seniority determined in accordance with Rule 13.8. While sending the Head Constables for the Intermediate School Course, the Deputy Inspector General of Police shall first send the confirmed Head Constables and after their list is exhausted, the Head Constables on probation will be sent and last of all officiating Head Constables will be sent. This appears to us to be the most reasonable, fair and equitable way of Complying with the provisions of Rule 13.9 of the Police Rules in the interest of all the Head Constables in the police force who legitimately aspire for promotion. Any Head Constable unwilling to undergo that course will of course be omitted. 16. For the reasons given above, these petitions are accepted and the respondents are directed to consider the cases of the petitioners' along with other Head Constables for being sent for the Intermediate School Course at the Police Training College, Phillaur, in order of seniority as stated above. The selection for the new course starting in June, 1970. and subsequent courses shall be made on this basis. In view of the difficult nature of the points of law involved, the parties are left to bear their own costs. The decision brings out the fact that the persons could be sent for the Intermediate School Course only in the order of seniority. In this case, the seniority principle had been breached and the petitioner had been sent for Intermediate School Course and Upper School Course only under situation where the petitioner was on deputation.
(3.) THE rejection of his representation was under circumstances perfectly justified and I do not find any reason to interfere with the same.;