- (1.) Through the present petition, the petitioner, who is an aspirant for appointment as a Male Constable (General Duty) in the Haryana Police, challenges sub-rule 16 of Rule 12.16 of the Punjab Police Rules, 1934 (hereinafter referred to as 'the Rules') on the ground that it prescribes 15 marks for interview, out of a total of 35 marks, the remaining 20 marks being for Physical Efficiency Test. According to the petitioner, the percentage of marks being 43% of the total, renders the impugned Rule ultra vires and violative of Articles 14 and 16 of the Constitution of India. The petitioner says that the impugned Rule gives wide discretion to the respondents which would result in nepotism, favourtism, corrupt practices etc. during selection of Police Constables. According to the petitioner, there being 20 marks kept for Physical Efficiency Test, only 03 marks should be kept for interview and only if this is done, then the marks kept for interview would be within the permissible limit, as held by the Apex Court in the case of Ajay Hasia etc. vs. Khalid Mujib Sehravardi and others, 1981 AIR(SC) 487 and Ashok Kumar Yadav vs. State of Haryana, 1987 AIR(SC) 454 The other ground raised by the petitioner is that the process of recruitment of Constables by keeping 43% marks for interview is not transparent and goes against the recommendations of the Ministry of Home Affairs.
(2.) The case set up by the petitioner, at first blush, appears to be attractive but does not stand closer scrutiny. A perusal of the advertisement issued by the Haryana Police Recruitment Board for recruitment of male/female Constables (General Duty) in the Haryana Police gives out the following eligibility :- "4. Eligibility :- a) Nationality : As per PPR 12.14(1) b) Domicile : As per PPR 12.14(1) c) Educational Qualification : The minimum educational qualification for a candidate to be eligible for selection as constable shall be 10+2 for all categories. d) Character Certificate : Candidates are required to be produce a certificate of character from the Principal Academic Officer of the University, College, School or Institution last attended. e) Age limits :- a) Lower 18 years. b) Upper 25 years. c) For the candidate belonging to the Scheduled Caste and Backward Class categories relaxation of upper age limit of 5 years shall be given as per Punjab Police Rules 12.15 (1). (Exact date on which the date is to be determined is 01.10.2013). f) Physical Standard : For Male Constables :- (i) Height Minimum 5'-7'' (ii) Chest Un-expanded - Minimum 33'' Expanded Minimum 341/2'' (Minimum expansion of one and half inch) (Note Relaxation in Physical Standard to the extent of one inch in height and one inch in chest will be available to candidates belonging to Scheduled caste and backward Cl ass categories as per PPR 12.15(2) ). For Female Constables :- Height Minimum 5'-2''. (Note Relaxation in Physical Standard to the extent of one inch in height will be available to candidates belonging to Scheduled caste and backward Class categories as per PPR 12.15(2))."
(3.) The other relevant clauses of the advertisement are clauses 9 and 10, which are also reproduced below for ready reference :- "9. Selection Procedure :- Selection shall be made in accordance with the provisions in Punjab Police Rules 12.14 to 12.19. After due scrutiny of application forms, candidates found eligible shall be informed online regarding the place, date and time of their Physical Measurement :- (a) PHYSICAL MEASUREMENT : Candidates who are found eligible on screening of applications will be screened for height and chest measurements. Only those candidates will be allowed to participate in Physical Efficiency Test who possesses required measurements. (b) PHYSICAL EFFICIENCY TEST : Candidates found eligible on the basis of physical measurements shall undergo Physical Efficiency Test (PET) of total 20 marks. Candidates shall be tested for following capacities as per PPR 12.16 (14) : For Male Constable : JUDGEMENT_95_LAWS(P&H)10_2014_1.html;