- (1.) The petitioner, who joined Punjab Police as Constable in March 1978, has filed this writ petition under Article 226 of the Constitution of India for issuance of a direction to the respondents to promote him to the rank of Head Constable against 5 percent quota reserved for sportsmen.
(2.) The case of the petitioner as set up in the writ petition, is that he is an outstanding athlete as he obtained 26 Certificates, 5 gold Medals, and 1 Silver Medal including three Gold Medals at the National Level in Sports. Despite that, he was not considered as a Sportsman for being deputed to lower School Course in 1988 which a lone would entitle him to be considered for promotion to the post of a Head Constable. According to the petitioner, the Inspector General of Police issued a Circular letter dated 24.1.1978, copy of which is Annexure P-1 to the writ petition, to all the Senior Superintendents of Police in Punjab State providing five percent reservation in promotion for outstanding sportsmen amongst the personnel of Police Force. In January 45 seats of Head Constables fell vacant, out of which two were to be kept reserved for sportsmen category. The petitioner was also one of the contestants against these two vacancies though according to the petitioner, he was eligible for being deputed to the lower School Course, but his claim against reserved quota for sportsmen was not considered by the respondent- department for the reasons best known to it. Rule 13.7 of Punjab Police Rules which lays down the procedure for promotion of constables is reproduced for facility of reference:- "13.7 List-B-Section for admission to promotion course for Constables at the Police Training College- (ii) List-B in form 13.7 shall be maintained by each Superintendent of Police. It will include the named of all constables selected for admission to the promotion course for Constables at the Police Training College. Selection would be made in the month of January each year and will be limited for the year with a twenty percent reserve. Names will be entered in the list in order of merit determined by the Department Promotion Committee constituted by the Inspector General of Police on the basis of lists in Parade, General Law (Indian Penal Code, Criminal Procedure Code, Indian Evidence Act and Local and Special Laws) interviews and examination of records: - (ii) All candidates- (a) who are Middle pass and have put in few years of service; or (b) who are at least Matriculated and have put in more than three years of service; or (c) who obtained First Class with Credit in the Recruits Course specified in Rule 19.2 will be eligible to have their names entered in the aforesaid list, if they are not above thirty years of age on the first day of July in the year in which selection is made. Provided no constable who has been awarded a major punishment within a period of three years preceding the first day of January of the year in which selection is made will be eligible for'admission to this list and if any Constable whose name has been brought on this list is not sent to the Police Training College in that year, he will be required to complete again, with the new candidates if he is still eligible for admission to the said list under the Rules. The State of Punjab has filed a detailed written statement controverting the stand of the petitioners.
(3.) I have considered the submissions of the learned counsel for the parties and on perusing the paper-book, I hardly find any substance in the submissions of the learned counsel for the petitioner. From the perusal of the written statement, it is observed that the petitioner had achieved no distinction in the field of sports after entering into the Police Department. All the certificates mentioned in para 2 of the writ petition relied upon by the petitioner in order to claim promotion under the sportsmen category reveal that all these distinctions were achieved by him prior to joining the Police Department. Even the certificates mentioned at Sr. No. 18 to 26 in the aforesaid para of the written statement indicate that they were either of District Police Range level or State Level. Jhere is no entry in the character roll of the petitioner to the effect that he had participated in All India Police Meet in the year, 1980 and achieved any outstanding distinction therein. In accordance with proviso below sub-rule 1 of Rule 13.1 of the said Rules, 5% of promotion in subordinate ranks of Police are to be made from amongst the members of the Police Force who achieve outstanding distinction in the fields of sports at All India level or Inter-national level in case they are otherwise eligible for promotion.;