- (1.) Jaswinder Singh Constable has filed this writ petition under Articles 226/227 of the Constitution of India for issuing directions to the respondents to hold B-1 Test/selection of the petitioner and to bring the name of the petitioner on List-B of the Constables for admission to promotion course in the Police Training College since his juniors had been sent on 17/18.1.1994.
(2.) In para-4 of the petition, it has been submitted by the petitioner that he is a Matriculate and, therefore, he is entitled to join B-l Test on completion of three years service as per Rule 13.7(b). Written statement on behalf of the respondents has been filed by respondent No. 3. In reply to para-4 of the petition, it has been stated in the written statement that para-4 of the petition is wrong and denied. It is further submitted in reply to para-4 of the petition that respondent No.2 constituted the Departmental Promotion Committee for district Kurukshetra and the test was conducted on 18/19.1.1994 and not on 17.1.1994. It has further been stated in para-4 of the written statement that to be a Matriculate and having completed 3 years service is not the eligibility for joining the B-l Test, as claimed by the petitioner. It is further stated therein that all the Constables, irrespective of their educational qualifications, are eligible to appear to B-I Test, if they are under the age of 40 years and have completed five years service on the first day of July for the year in which selection was to be made. It has been further stated that it is absolutely wrong that the petitioner was not informed about the B-I Test being held in the month of January, 1994 was given vide Police Radio Message dated 15.12.1993 and it was addressed to all concerned. It has been further stated that it is absolutely wrong that the petitioner was unaware about the holding of the test. It is further stated therein that the true fact is that the petitioner was never willing to take part in the said test and that even according to the petitioner himself, he was deputed for V.I.P. duty on 17.1.1994, he left the Police Station along with other officials at 4-35 p.m. on 17.1.1994 for Police Lines, Kurukshetra vide D.D.R. No. 20 dated 17.1.1994. It is further stated therein that the petitioner would have reached Police Lines, Kurukshetra before 5.30 p.m. and that the V.I.P. duty was cancelled.
(3.) Rule 13.7 of the Punjab Police Rules, as amended by Haryana, reads as under:- "13.7 Selection of candidates for admission to course at the Police Training College-List b (in Form 13.7) shall be maintained by each Superintendent of Police. It shall include the names of all Constables selected for admission to the Lower School Course to be held at the Police Training College. Selection to the list shall be made in the month of January each year and shall be limited to the number of seats allotted to the district for the year. For reasons to be recorded, the number of seats can be increased by 20 per cent. Allotment of seats to each district shall be done on the basis of existing vacancies and the number of vacancies which are likely to occur during the next one year. Names shall be entered in the list in the order of merit, determined by the Departmental Promotion Committee on the basis of tests in (i) Parade, (ii) written test in general law (Indian Penal Code, Criminal Procedure Code, Indian Evidence Act and such other Local and Special Laws as may be specified) and (iii) Examination of Service Record. (a) All Constables irrespective of their educational qualifications shall be eligible to appear for the B-I Test if they are under the age of 40 years and have completed 5 years of service on the 1st day of July, for the year in which selection is made. (b) The marks to be awarded for educational qualification will be as under:- B.A. and above 5 marks Matric and above 3 marks Middle and above 2 marks (c) The marks to be awarded for training courses already passed will be as under:- Courses upto 1 months' duration 2 marks Courses upto 3 months' duration 4 marks Courses upto 6 months' duration 6 marks Courses upto 9 months' duration 8 marks Courses exceeding 9 months' duration 10 marks (d) The marks to be awarded for Commendation Certificates will be as under:- Class I 3 marks Class II 2 marks Class III 1 marks The maximum marks for Class I, Class II and Class III commendation certificates shall be 15 and in no case will exceed the maximum limit. For the purpose of awarding marks for commendation certificates only those certificates shall be considered which have been awarded before the 1st day of July for the year in which selection is made. (e) The marks to be awarded for the length of service will be as under:- (i) 5 years to 10 years service 10 marks @ 2 marks for each completed year of service. (ii) 10 years to 15 years service 20 marks @ 2 marks for each completed year of service. (iii) 15 years to 20 years service 30 marks @ 2 marks for each completed year of service. For the purpose of reckoning completed year of service, the date shall be the 1st day of July for the year in which selection is made. (f) Constables who obtained allround 1st, 2nd and 3rd positions in the Recruits Course specified under Rule 19.2, shall be awarded 3, 2 marks and 1 mark respectively only if they have put in more than five years service on the 1st day of July for the year in which selection is made. (g) The marks to be deducted for punishment will be as under:- For every major punishment 5 marks For every minor punishment 3 marks However, no other punishment will be taken into account for the purpose of deduction of marks. The total marks to be deducted for punishment shall not exceed 25. The major/minor punishments considered for deduction of marks shall only be those which have been awarded on or before the 1st day of July for the year in which selection is made. (h) The subject for written test shall be the same as prescribed for Recruits Basic Course of Police Training College, Madhuban. There shall be two questions on each of Indian Penal Code, Criminal Procedure Code and Evidence Act and 4 questions on Local and Special Laws. One question on each of Indian Penal Code, Criminal Procedure Code and Evidence Act and two questions on Local and Special Laws shall be attempted and each question would carry 10 marks, with a total of 50 marks for the written paper. (i) Subject for test in parade will be as under:- (1) Turn Out 5 marks (2) Personal performance in squad, drill and rifle exercises 5 marks (3) Word of command 5 marks (4) Class taking 10 marks (5) Those candidates who complete 100 meters race in 14.5 seconds 5 marks Total 30 marks The minimum pass marks individually in written and parade tests shall be 50%. The Departmental Promotion Committee while preparing the merit list of qualified candidates shall be taken into account the marks obtained in written and parade tests and marks obtained/deducted as specified above at clauses (b) to (i). For the parade/written test, each range Deputy Inspector General of Police, shall constitute a Departmental Promotion Committee consisting of District Superintendent of Police and two Deputy Superintendents of Police from outside the concerned district. The question paper of written test shall be set by each range Deputy Inspector General of Police. The Superintendent of Police heading the Departmental Promotion Committee will provide answer sheets with fictitious roll numbers and have the answer sheets evaluated under his personal supervision.";