KASHMIR KAUR Vs. DIRECTOR GENERAL OF POLICE, PUNJAB AND ANOTHER
LAWS(P&H)-1989-5-116
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 24,1989

KASHMIR KAUR Appellant
VERSUS
Director General Of Police, Punjab And Another Respondents

JUDGEMENT

A.L. Bahri, J. - (1.) Kashmir Kaur, the petitioner is posted as Lady Constable in Police Lines, Ferozepur. She seeks direction to the respondents to send her to undergo Lower School Course commencing from November 1,1986 and for quashing order passed by the Director General of Police dated December 10,1986 rejecting her representation in this respect.
(2.) The petitioner was appointed as Lady Constable in District Ferozepore on December 2, 1978. She earned commendation certificates in recognition of her doing good work and devotion to duty. Under rule 13.7 of the Punjab Police Rules, List-B is prepared after holding a test for purposes of promotion course for Constables at the Police Training College. No Constable can be promoted unless Principal, Police Training College, declares him eligible after the promotion course. The petitioner, being eligible appeared in the written test and qualified by obtaining 59.5 per cent marks. Among the Lady constables, she was topping. Thus, she was entitled to be sent for B.I. Course for promotion as Head Constable. On December 27, 1984, Director General of Police issued instructions, Annexure P.l, allowing relaxation in favour of Women Constables, in the matter of promotional course for a period of one year. Subsequently, on October 7,1986, vide Annexure P.3, relaxation was allowed for one year more. In the meantime, Deputy Inspector General of Police, Patiala allotted seats for two Sessions of Lower School Course to be held in the year 1986-87. Vide order dated February 26, 1986, Annexure P.2, three seats for Lady Police Constables for the First Session commencing from April 1, 1986 and three seats for Lady Police Constables in the Second Session starting from October 1, 1986 were reserved. Annexure P.2 further shows that two seats for Lady Police Constables for each of the two Sessions were reserved for Ludhiana District. However, no seats were reserved for Lady Police Constables for Ferozepore. Although the petitioner had qualified by passing the written test to be included in List-B, yet her name was not so included. She submitted a representation dated October 15, 1986, Annexure P.4, in this respect. The same was rejected on December 10, 1986, copy Annexure P.5, which is challenged in this writ petition on different grounds.
(3.) The stand of the respondents is that instructions, Annexure P.3, could not be issued having retrospective effect. After enforcement of these instructions, the petitioner did not take the examination to get relaxation. Thus, her representation was rightly rejected.;


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