Bal Raj Tuli, J. - (1.) The petitioner, after passing his Matriculation Examination, joined the Punjab Police Force at Jullundur, on Oct. 14,1969. He was deputed to undergo Training at Police Training Centre, Jahan Kalan, and he passed the Recruits Training Course from that Centre in 1st class in 1962. He was selected to undergo Training Course for the rank of Head Constable at the Police Training College, Phillaur, which was to commence on April 1, 1969. His selection was made after a regular interview, medical examination and thorough check-up of the service records The medical examination was conducted by the Chief Medical Officer, Jullundur, to find out if he was fit to undergo the strenuous training at the Police Training College, Phillaur. He was found quite fit for undergoing training and was, therefore, selected.
(2.) The petitioner joined the course at the Police Training College, Phillaur, on April 1, 1969. In two monthly tests, his performance indoor subjects was fairly good but it is alleged in the return that fie was weak in out door subjects, that is, Phyiccal Training and Pride and continued to be far below the standard in these subjects. On June, 6. 1969, the Principal of the College, respondent 2, passed an order reading as under:- "The following trainees of promotion course for Constables have been found extremely poor in physique and condition. (Constitution?) They are, therefore, unable and unfit to carry on further training and thus they are returned to units concerned:- 1. Shri Sham Lal 856/Sqn. Saugrur. 2 Shri Harbhajan Singh 28/Jullundur. 3 Shii Mohd Rafi 65 Baramula. 4. Laxmi Singh No 33 Kannaur."
(3.) This order has been challenged by the petitioner in this writ petition on the following grounds:- (i) The order has been passed without any basis or evidence. The petitioner had been medically examined before his being deputed for the course. Thereafter, nothing had happened by which his physical condition may have been impaired or handicapped During the course also, nothing had happened by which the petitioner may have been declared unfit to continue. Consequently, the order is bad in law inasmuch as it is not based on any evidence whatsoever. (ii) The order is wholly against the principles of natural justice as the petitioner was never given any opportunity of satisfying the Principal about his fitness before the impungned order was passed. (iii) The action has visited the petitioner with serious consequences as under the Police Rules and instructions prevalent at the moment the petitioner is not able to get promotion to the next higher rank of Head Constable, unless he successfully underwent the Training Course for which he had been deputed. The order, even though administrative in nature, will result in evil consequences and such an order could not be passed without observing the principles of natural justice. Reliance has been placed on a judgment of their Lordships of the Supreme Court in State of Orissa Vs. Dr. Binapani Dev, 1967 Supreme Court 1269 . (iv) The order is otherwise illegal and against the Service Rules. The prayer has been made for the quashing of that order. The writ petition was filed on June 19, 1969, which came up before the learned Vacation judge on June 24, 1969, and notice was given to the Advocate-General, Punjab, for June 27, 1969. The writ petition, however, came up for motion hearing before a Division Bench of this Court on July 17. 1969 and on the request of the learned Assistant Advocate-General it was adjourned to the following day in order to find out whether there was any record of warning alleged to have been administered to the petitioner about his poor performance in out-door subjects. On July 18, 1969, the learned Assistant Advocate-General stated that there was no record of any warnings and the Motion Bench admitted the writ petition and ordered it to be heard at a very early actual date.;