HEMANT GUPTA, J. - (1.) THIS order shall dispose of aforementioned two writ petitions i.e. CWP No.14883 of 2004 and CWP No.5370 of 2010, directed against the promotion granted to Sub Inspector Ram Gopal, as Inspector in Chandigarh Police though by different set of petitioners.
(2.) FOR facility of reference, the facts are taken from CWP No.14883 of 2004. However, whenever some documents are not available in this writ petition, reference shall be made to the documents from CWP No.5370 of 2010, which shall be hereinafter referred as 'the second petition'). The petitioner claims to be an outstanding sportsman appointed in Chandigarh Police on account of his achievements in sports i.e. Handball. He was appointed as Constable under the Sports quota on 07.07.1981. The petitioner was promoted as Head Constable in the year 1982 on the basis of his achievement in the field of sport having represented Indian Team in Asian Games in Delhi in the year 1982. Later the petitioner was promoted as Assistant Sub Inspector (ASI) on 07.12.19900. He claims to have been promoted as Sub Inspector (SI) on the basis of seniority without taking benefit of Sports quota. It is alleged that respondent No.3 i.e. SI Ram Gopal (now promoted as Inspector) was appointed from the General category, but took up Yoga exercises and participated in various events. It is alleged that discipline of Yoga does not fall under the category of games as Yoga has not been assigned any grading by the Chandigarh Administration. The petitioner, thus, challenges the promotion granted to respondent No.3 to the post of Inspector against the Sports quota. In the second petition, all the petitioners are directed appointed Assistant Sub Inspectors and have been promoted as Sub Inspectors. The grievance of the petitioners is that SI Ram Gopal (now promoted as Inspector) was junior to them, but has been promoted against the category of 'Outstanding Sports person' though he was not eligible for the said Sports quota for the reason that Yoga is not a sport recognized by any recognized Sports Association. Another ground of challenge is that the certificate of participation in the International Event is forged and fabricated document. The brief resume of policies and instruction in respect of promotion from the post of Sub -Inspector to the post of Inspector against the Sports person category needs to be stated first. The Home Department of the Chandigarh Administration notified rules for promotion of Outstanding Sportsman in the Police vide Notification dated 14.09.1988 (Annexure A -12). Such Rules are said to be framed by the Sportsman Promotion Committee constituted by the Inspector General of Police, Chandigarh for promotion of Outstanding Sportsman in Chandigarh Police under Sports quota. The relevant extract from such Rules reads as under: "DEFINITION The terms contained in the Notification will be translated for elaboration as follows: 1. Member of the Public Force means, member of the Chandigarh Police force of UT cadre whose disciplinary powers vest with the Senior Superintendent of Police or the Inspector General of Police, UT, Chandigarh. 2. Outstanding distinction will denote following order or precedence: International Event i. Gold Medal (Winner) Marks: 50 ii. Silver Medal (Runners -up) Marks: 40 rd iii. Bronze Medal (3 position) Marks: 30 iv. Participation Marks: 25 NB: The above categories of precedence will apply only in cases where 5 or more teams in the concerned event have participated. National Event: i. Gold Medal (Winner) Marks: 25 ii. Silver Medal (Runners -up) Marks: 15 Bronze Medal (3rd position) iii. Marks: 10 iv. Participation in the nationals recognized by Indian Olympic Association Marks: 25 xx xx All India Level: It will denote recognized events or national level and All India events recognized by Indian Olympic Association. International Level: It will denote participation in International Sports events recognized by Asian Federation/International Federation. 1. Anyone who secures 25 or more marks after implementation of these rules becomes eligible for consideration of promotion under the rules. 2. Any member covered under these rules who participates in National or International events should have been a bona fide member of the Chandigarh Police Team in the same discipline, provided otherwise if he is allowed by the competent authority to participate directly without having participated in above tournaments without being a member of the Chandigarh Police team. xx xx"
(3.) LATER , the Inspector General of Police, U.T. Chandigarh has issued a Standing Order No.10 of 1996 in respect of promotion to outstanding sports person in the Chandigarh Police. The relevant extract from such Standing Order (Annexure A -13) reads as under: "SUB.: OUT -OF -TURN PROMOTION FOR DISTINCTION IN SPORTS. 1. OBJECT The object of this standing order is to lay down the procedure to give promotion @ 5% as per PPR 13.1 from amongst the members of the Police Force, who achieve outstanding distinction in sports field at all India or International level, if they are otherwise eligible for promotion but for seniority. xxx xxx xxx 3. Criteria laid down for promotion In super session of all the previous orders the below mentioned criteria is laid down for promotion on Sports basis: xx xx (iv) From Sub -Inspector to Inspector: Any major achievement at International level or more than 3 achievements (Gold Medals) at National Level (as above) after the earlier performance for which he has already been rewarded. xxx xxx xxx" ;