I.S. Tiwana, J. - (1.) (Oral) - These two writ petitions Nos. 4683 and 4717 of 1983 seeking a direction to the respondent authorities to depute the petitioners to the Intermediate School Course, must succeed in the light of my earlier judgment in Raj Kumar Head Constable Vs. The State of Haryana and others, 1983 (2) S.L.R. 55 . The petitioners are serving as confirmed Head Constable in the Teleprinter Sec. of the Police Force of the State of Haryana. All of them, except Devinder Singh in C. W. P. No. 4603 claim to be senior to Raj Kumar who was granted the relief prayed for in the above judgment. In that case a .direction had been issued to the respondent authorities in the light of the observations of Full Bench of this Court in Sardul Singh Head Constable Vs. Inspector General of Police, Punjab and others, 1970 S.L.R. 505 , that the Flead Constable was entitled to be deputed to the Intermediate School Course strictly in terms of his seniority by ignoring the fact to which branch of the police force he belonged. All that is being urged on-behalf of the respondents now is that these petitioners had not undergone the Lower School Course and had not been brought on List 'C' prior to their promotion as Head Constable and, therefore, they cannot possibly be sent for the Intermediate School Course. A reference is also made to certain observations made in the above noted Full Bench case wherein it is said that "those Constables who successfully pass the Lower School Course and are considered eligible for promotion as Head Constable will be admitted to list 'C' under rule 13.8." It is in the light of this sentence occurring in the above noted judgment that the contention is raised that unless a Constable is brought on List 'C', he cannot be sent for the Intermediate School Course. The learned counsel for the respondents, to my mind, is reading the above noted sentence out of context. These observations had been made in the context as to when the process of promotion starts for the post of a Head Constable, and that is evident from the very next sentence which reads as follows:- "It is thus evident that the second selection for being admitted to list 'C' starts after a Constable on List 'B' passes the Lower School Course. His admission to List 'C' will not be automatic thereafter but it will have to be considered whether he is fit for promotion to the rank of Head Constable."
(2.) As already indicated, it is not in dispute here that the petitioners were duly promoted as Head Constable and have also been confirmed in that rank. That being the situation, they, to ray mind, are entitled to the relief prayed for in the light of the above noted judgment in Raj Kumar's case.
(3.) For the reasons recorded above I direct the respondent authorities to depute the petitioners other than Ora Parkash to the next Intermediate School Course strictly in accordance with their seniority and the law laid down in the above noted Full Bench judgment in Sardul Singh's case (supra) Since Om Parkash had admittedly been sent for this Course and was recalled during the pendency of this petition, he is directed to be sent to the Course forthwith. The petitioners are also held entitled to the costs of this litigation which I determine at Rs. 300 in each case. Petition allowed.;