Pritam Singh Pattar, J. - (1.) This is a petition made under articles 226 and 227 of the Constitution of India by Kashmir Singh, Sukhdev Singh and Natba Singh, Constables of District Gurdaspur to quash the order dated Dec. 5, 1973, of the Superintendent of Police, Gurdaspur Respondent No. 1, whose copy is Annexure 'B' to the petition, requiring them to appeal again in the examination to be held on Jan. 2, 1974 for bringing their names on List B-l maintained under rule 13.7 of the Punjab Police Rules and to direct the respondents to depute them to undergo training in the Lower School Course at Police Training College, Phillaur.
(2.) Kashmir Singh, petitioner No. 1. is at present posted at Police Station, Fatehgarh Churian, Sukhdev Singh, petitioner No. 2, is posted at Police Station Dera Baba Nanak and Nitha Singh, petitioner No 3 is posted at Check Post Dhangu Road, Pathankot. According to rule 13 7 of the Police Rules, each Superintendent of Police is required to maintain list 'B' to include the names of all Constables selected for admission to the Promotion Course for Constables at the Police Training College, Phillaur and the names are to he entered in that list in order of merit determined by the Departmental Promotion Committee constituted by the Inspector General of Police on the basis of tests in parade, general law, interview and examination of records. All the three petitioners were brought on list B in accordance with the rules vide order dated Feb. 5, 1973 passed by the Deputy Inspector General of Police, Jullundur Range, respondent No. 2, vide copy of the order Annexure 'A' and the names of the petitioners Nos. 1, 2 and 3 appear at serial Nos. 12, 13 and 15 respectively of this list. The Superintendent of Police, Gurdaspur, vide order dated Dec. 5, 1973, whose copy is Annexure 'B', directed that a list of all Constables, who are desirous of taking the test for bringing their names on list 'B' should be prepared and the Constables already on List 'B' will also participate in the test. It is alleged that this order is illegal, void and unsustainable in law because the names of the petitioners have already been brought on list B I and these cannot be removed unless action is taken under rule 13.8 A of the Police Rules and that no such action has ever been taken against them and consequently they cannot be asked to reappear iD the test for bringing their names on List B-I.
(3.) Notices were issued to the respondents and the returns have been filed by Respondents 1 and 2. The questions of facts mentioned in the writ petition were not disputed by the respondents 1 and 2. It was admitted that the names of 5 Constables, including the names of the petitioners, were brought on the promotion list B-I by the Deputy inspector General of Police, Jullundur Range vide his order dated Feb. 5, 1973 and the names of Kashmir Singh, petitioner No. 1, Sukhdev Singh, petitioner No. 2 and Natha Singh, petitioner No 3 were at serial Nos. 12, 13 and 15 respectively of that list and that their names have never been removed from that list and they are only required to compete again for selection to the Lower School Course as per rules amended by the Punjab Government. It was pleaded that the old rule 13.7 was substituted by new rule vide Punjab Police (170 Amendments) Rules. 1972, issued by the Government vide their Notification dated Feb. 10, 1972 and according to proviso under rule 13 7 (2) (1), any Constable whose name has been brought on list 'B' and is not sent to the Police Training College, Phillaur in that year will be required to compete again with the new-candidates, if he is still eligible for admission to the said list under the rules. The impugned order was stated to be valid and it was prayed that the petition may be dismissed.;