Ravinder Kumar v. State of Haryana and Others

CWP-24701-2023 oooooooo1 2023:PHHC:140519o INoTHEooHIGHoCOURToOFoPUNJABo&oHARYANAoAT CHANDIGARH *** oooooooCWP-24701-2023 Dateoofodecisiono:o03.11.2023 RavinderoKumaro ...oPetitionero Versus StateoofoHaryanaoandoothers ...oRespondents CORAM:o HON'BLEoMR.oJUSTICEoVIKASoBAHL Present:o Mr.RajatoMor,oAdvocateo forotheopetitioner. Ms.PalikaoMonga,oDAG,oHaryana. VIKASoBAHL,oJ.(ORAL)

¶1This is a civil writ petition filed under Articles 226/227 of the Constitution of India for the issuance of a writ in the nature of certiorari quashing the impugned order dated 13.10.2023 (Annexure P-14) passed by respondentono.3.

¶2The case of the petitioner is that vide advertisement no.3 dated

16.04.2018, the respondent-Commission had advertised 5000 posts of male Constable and in pursuance of the same, the petitioner had applied for the post of male constable, but was not shown in the list of successful candidates and the roll number of the petitioner was shown in the waiting list. It is further the case of the petitioner that the petitioner was selected to the post of male Constable IRB, which was also advertised through the same advertisement and had joined the said post on 06.03.2019 and subsequently, the candidates from the waiting list of the post of male 2023.11.09 18:15 Constable (GD) were offered appointments and vide letter dated CWP-24701-2023 oooooooo2 2023:PHHC:140519o

03.03.2023, present petitioner along with other persons in the waiting list was offered appointment and thereafter, the petitioner applied for technical resignation from IRB and subsequently, his resignation was accepted and the petitioner was relieved from the post of Constable in IRB vide order dated 14.06.2023 and the petitioner joined as male Constable (GD) and was issued certificate of appointment on 19.06.2023. It is further the case of the petitioner that he joined as male Constable (GD) and started undergoing the recruit basic training course for the same and has completed almost two months of the said course out of a total of 9 months. The petitioner had requested the authorities to exempt him from undergoing the recruit basic training course after his appointment as Male Constable (GD) as he had already undergone the same while discharging the duties of male Constable IRB. The petitioner approached this Court by filing CWP-14692-2023 and this Court vide order dated 14.07.2023 disposed of the same by directing the respondent-authority to consider the request of the petitioner, as expeditiously as possible. In the said writ petition, the petitioner had relied upon a judgment of a Coordinate Bench of this Court dated 23.08.2022 passed in CWP-16315-2022 in support of his case. This Court while disposing of CWP-14692-2023 had recorded the arguments of the learned counsel for the petitioner as well as the State with respect to the said judgment including the arguments of the State to the effect that the judgment dated 23.08.2022 of the Coordinate Bench specifically states that the said judgment is not to be treated as a precedent. This Court while giving the direction to consider the request of the petitioner, had made it clear that the Court had not opined on the merits of the case and the respondent-authority was directed to consider the same, in accordance with 2023.11.09 18:15 law. The respondent-authority vide order dated 13.10.2023 has considered CWP-24701-2023 oooooooo3 2023:PHHC:140519o the said request / representation independently and after giving detailed reasons, rejected the prayer of the petitioner. The relevant portion of the impugnedoorderoisoreproducedohereasunder:- "5.o Whereas,o ito iso submittedo thato theo natureo ofo dutieso ofo Haryana ArmedoPoliceoandoIndiaoReserveoBattalionsoareodifferentoinonature.oDutyoof Armedo Policeo iso too assisto theo civilo policeo ino enforcemento ofo lawo and maintenanceo ofo ordero ino situationso ofo likelyo breacho ofo peace,o disaster managementofunctions,oinoescortoofoprisonersoandotoodischargeosuchoother dutiesowhichomayorequireospecialoweaponsoandotacticaloteamsooropresence ofoarmedopolice.oFurther,otheoGeneraloDutyoConstablesoareoalsooallocated toovariousodistricts,owherein,otheyoareopostedoinoPoliceoStations,oPolice Posts,oDPO/RangeoofficesoandohaveotoobeodeputedoforoSurveillanceoduties, foroconductingosearchesoandoraids,oprovidingoassistanceoinoinvestigationoof cases,o foro performingo Summon/Warranto duty,o Gunman/PSOso dutyo and staticoguardso dutyoatoresidences,o treasuriesoando otheroplaceso etc. After their promotion in the higher ranks, they are assigned investigation work ofocriminalocasesoetc. Indiao Reserveo Battalionso ono theo othero hand, are deputed in the entire country for election duty, emergent Law and Order duty and such like duties as and when required by the Government of India. India Reserve Battalions are deputed in the State also to perform above duties in order to address emergent situation. In case IRB personnel are deployed in the district, they have to be deployed only on centralized day/night patrolling, Naka duties, Prisoner escort and General Bandobast duties. TheyoareonototoobeodeployedoatoPoliceoStations,oPoliceoPosts,oDPO/Range offices,o Surveillanceo duties,o foro conductingo searcheso ando raids independently,o assistingo ino investigationo ofo cases,o foro performing Summon/Warrantoduties,oGunman/PSOSoandostaticoguardsoatoresidences, treasuriesoandootheroplaces.

¶6Whereas, the Hon'ble Punjab and Haryana High Court while passing order dated 14.07.2023 in CWP No. 14692 of 2023 had also directed to take into consideration the judgment dated 23.08.2022 passed in CWP No. 16315 of 2022 while considering the representation to be filed by the petitioner. The Hon'ble High Court while passing order dated

23.08.2022 in CWP No. 16315 of 2022 considered the facts and relevant provisions mentioned in above para 4 and 5 and allowed the Civil Writ Petition. Simultaneously,otheoHon'bleoHighoCourtoitselfoinosaidojudgment alsooheldothatotheoorderoshallonotobeotreatedoasoaoprecedent.

7.o Whereas, after considering all above aspects, the undersigned is of 2023.11.09 18:15 the considered view that the representationist/petitioner should undergo CWP-24701-2023 oooooooo4 2023:PHHC:140519o and qualify the basic training course as General Duty Constable for the reasonsomentionedobelow:-

(i) ThereoisonooprovisionotooexemptoGeneraloDutyoConstableofrom passingo basico trainingo courseo ino Haryanao Policeo Act-2007o and PunjaboPoliceoRules-1934oasoapplicableotootheoStateoofoHaryana and undersigned is not competent to take any decision contrary to theoapplicableostatutoryoprovisions/rules.

(ii) Duties to be performed by IRB constables and General Duty Constables in Haryana Police are altogether different except Law and Order duty and Security deployment duty. The representationist/petitionerohadoundergoneobasicotrainingoCourse IRBoconstableoinoRecruitoBasicoCourseo(RBC)oconductedoasow.e.f.

11.03.2019o too 09.01.2020o ato RTC/Bhondsi,o Gurugramo i.e.o more thanothreeoyearsoandonineomonthsoago.oAfterocompletionoofoBasic TrainingoCourse,oheoremainedoconfinedotooforewallsoofoIRB.oThree yearsoandonineomonthsoisoaolongoperiodoandoconsideringotheonature ofodutiesotoobeoperformedobyoGeneraloDutyoConstables,oitowouldobe ino theo interesto ofo theo institutiono aso wello as representationist/petitionerotoopassoBasicoTrainingoagainoinoorder toorefreshoandoenhanceohisoskills.

(iii) Anyo trainingo courseo includingo basico trainingo courseo iso not merelyo ano exerciseo ofo takingo examinationso ando goingo through physicalo training.o Theo traineeso liveo witho theiro counterpartso and formogroupowhichoisohelpfulotoothemothroughoutotheoserviceoHence, theo representationist/petitionero whileo undergoingo basico training courseo aso Generalo Dutyo Constableo wouldo beo ableo too develop camaraderieo ando bondo witho batchmateso ofo Generalo Duty Constables.

(iv)o Moreover, undergoing and passing basic training course as General Duty Constable wouldo noto onlyo helpo the representationist/petitioneroinoenhancingohisoskills,obutomayoalsoobe beneficialo foro increasingo hiso tallyo duringo selectiono processo of promotiono Listo Bo foro admissiono ino Lowero Schoolo Courseo for promotionoinorankoofooHeadoConstableoinoviewoofoprovisionsolaid downoinoRuleo13.7o(4)(ii)oofoPPRoamendedovideonotificationodated

07.08.2017. Relevant provision of said rule 13.7 (4) (iii) meant for enlistmentoinopromotionoListoBoisoasounder.o-PPRo13.7o(4)(iii)oTrainingoCoursesoPassed: "Maximum marks awarded for training courses passed by a candidate shall be thirty. Only the training courses passed by the candidates upto 31st December of the year precedingDAVINDER KUMAR I attest to the accuracy and the year in which selection is made shall be taken into CWP-24701-2023 oooooooo5 2023:PHHC:140519o account while awarding marks. Constablesowhooobtainoall aroundo 1st,o 2ndo ando 3rdo positionso ino theo basico recruit trainingo courseo shallo beo awardedo 15,o 10o ando 05o marks respectively."

(v) Indiao Reserveo Battalionso ando Haryanao Policeo areo different cadre. If any exemption is granted to General Duty Constable/Petitioner from Basic Training Course considering the fact that he had already undergone and completed 09 months Basic Training Course while he was enrolled as constable in IRB, it wouldo openo dooro towardso ao decisiono thato trainingo course completedoinoaodifferentocadreowouldomakeotheorecruitsoeligibleofor exemptiono fromo trainingo course(s),o ifo theyo areo enrolledo ino some otherocadreoandowouldoresultoinounnecessaryocomplicationsoleading toonewoissuesoandolitigations. Hence, request made by Recruit Constable Ravinder Kumar No. 3/207 HAP (petitioner) in his representation dated 24.07.2023, is not tenable in view of aforementioned grounds. Accordingly, representation submitted by the representationist is hereby rejected being devoid of merit."

¶3Learned counsel for the petitioner has submitted that the case of the petitioner is covered by the judgment of the Coordinate Bench of this Court in CWP-16315-2022 and has submitted that the petitioner belongs to Batch No.86 as were the petitioners in the above said writ petition and even in the above said case, the petitioners therein had completed the recruit basic training course while being in service as Constable IRB and were on the said ground exempted from undertaking the said course after appointment as male Constable (GD). It is submitted that the observations made in the said judgment fully support the case of the petitioner and on the basis of the observations made in the same, the relief which has been granted to the petitioners therein should also be granted to the present petitioner. It is submitted that the impugned order is in the teeth of the said judgmentoandothus,odeservesotoobeosetoaside.o

¶4Learned State counsel, on the other hand, has opposed the CWP-24701-2023 oooooooo6 2023:PHHC:140519o present petition and has submitted that the impugned order has been passed in accordance with law and after taking into consideration the relevant factors. It is further submitted that the reliance on the judgment of the Coordinate Bench of this Court in CWP-16315-2022 is completely misconceived inasmuch as the Coordinate Bench had specifically stated in the said judgment that the same should not be treated as a precedent and in case, this Court was to grant the same relief as was granted to the petitioners therein on the basis of the judgment of the Coordinate Bench, then the same would be treated as a precedent and would have to be followed in other cases, which would lead to multiplicity of litigation and would also lead to non-compliance of the rules and regulations, which govern the services of the petitioner. It is further submitted that the facts of the said case are completely different from the facts of the present case inasmuch as in the above said writ petition, the petitioners therein as per their case were not given the requisite marks under the socio-economic category and it is only when they had filed writ petitions then subsequently orders were passed in their favour and they were found to be entitled to the additional marks by the Commission, on account of which they were recommended for being appointed as Male Constable (GD) and it is in the said background, the relief was granted to the petitioners therein. The relevant part of the said judgmentoisoreproducedohereasunder:- "I have heard learned counsel for the parties and have also perused pleadings of the case. The facts are not in dispute. Petitioners came to be appointed in Indian Reserve Battalion, Haryana pursuant to a selection process. Theyo wereo noto giveno theo benefito ofo additionalo markso ato the appropriateo time,o whicho wouldo haveo broughto themo withino theo zoneo of considerationoforoappointmentoasoMaleoConstableo(GeneraloDuty)ounder CategoryoNo.1.oItoisoonlyowhenotheyoapproachedothisoCourt,oaodirection wasogivenotootheoCommissionotoolookointootheirocaseoandoifofoundoentitledoto 2023.11.09 18:15 additionalomarks,oappointmentolettersobeoissuedotoothem.oItoisoalsooadmitted CWP-24701-2023 oooooooo7 2023:PHHC:140519o factothatoduringotheotimeotheyowereoservingoinotheoIndianoReserveoBattalion, Haryana,otheyounderwentoBasicoTrainingoCourse-1oi.e.oBatchoNo.86oalong witho persons,o whoo hado beeno recruitedo ino theo sameo advertisemento as Constableso(GeneraloDuty)oMaleo&oFemale." It is further submitted that there is a complete difference in the nature of duties between the two cadres as has been detailed in paragraph 5 of the impugned order. It is argued that as has been noticed in paragraph 7 of the impugned order, during the training, the trainees live with their counterparts and form a group which is helpful for them throughout their service as they develop camaraderie and bond with batchmates of General Duty Constables and the said plea as well as the plea to the effect that there is difference of 3 years and 9 months in the present petitioner having completed his basic training course as IRB Constable and now, were neither raised nor considered by the coordinate Bench. It is submitted that another reason given in the impugned order is to the effect that in case the exemption is granted to the petitioner dehors the rules then it would open a pandora's box as the employees after completing training course in one cadre would start claiming exemption from undergoing the said course in different cadres and the same would lead to unnecessary complication, legal issues, litigation and would not be good for the discipline of the employees. It is submitted that as per the rules, no exemption is provided from undergoing the basic training course after being appointed as Male Constable (GD) and since the petitioner has now chosen to accept the appointment of Male Constable (GD) he must comply with all the necessary requirements as prescribed in the rules which includes the training in question. It is further submitted that the training course is for a period of 9 months and the petitioner has already undergone approximately 2 months of CWP-24701-2023 oooooooo8 2023:PHHC:140519o training even as per his own stand and thus, is estopped from pursuing the present writ petition and at any rate, the said training would make the petitioner more skillful and no loss would be caused to the petitioner. It is further submitted by the learned State counsel that the respondent-State had chosen to implement the said judgment in CWP-16315-2022 as it was specifically stated in the said judgment that the same is not to be taken as a precedent and was being passed in the peculiar facts and circumstances of theosaidocaseoandothus,onooLPAowasofiledoagainstotheosaidojudgment.

¶5This Court has heard learned counsel for the parties and has goneothroughotheopaperobook.

¶6A perusal of the impugned order, the relevant portion of which has been reproduced hereinabove, would show that various reasons have been given in the impugned order for rejecting the prayer of the petitioner for being exempted from undergoing recruit basic training course after enrollment as General Duty Constable. It has been specifically noticed in the impugned order that there is no provision to exempt a General Duty Constable from undergoing basic training course in Haryana Police Act 2007 and Punjab Police Rules 1934 as applicable to the State of Haryana. It has further been noticed that the nature of duties of the Haryana Armed Police and India Reserve Battalions are different inasmuch as the duty of the Armed Police is to assist the civil police in enforcement of law and maintenance of order in situations of likely breach of peace, disaster management functions, to escort prisoners and to discharge such other duties which require special weapons and tactical teams and further that the General Duty Constables are allocated to various districts, wherein they are posted in Police Stations, Police Posts, DPO / Range offices and have to be 2023.11.09 18:15 deputed for Surveillance duties, for conducting searches and raids, CWP-24701-2023 oooooooo9 2023:PHHC:140519o providing assistance in investigation of cases, for performing summon/ warrant duty, Gunman/PSOs duty and static guards duty at residences, treasuries and other places and after their promotion in the higher ranks, they are assigned investigation work of criminal cases. On the other hand, India Reserve Battalions are deputed in the entire country for election duty, emergent Law and Order duty and they are not deployed at Police Stations, Police Posts, DPO/Range Offices, Surveillance duties and for conducting searches and raids independently, assisting in investigation of cases or as Gunman/PSOs and static guards at residences, treasuries and other places. It is further observed in the impugned order that the India Reserve Battalions and Haryana Police are different cadres and in case any exemption is granted to a General Duty Constable from undergoing the basic training course, then it would open a pandora's box inasmuch as a person who has done training course in one cadre would claim exemption from undergoing the said training course in other cadres inspite of there being no such exemption provided in the relevant rules, which would lead to several complications, issues and litigations. The impugned order also takes into consideration the fact that the petitioner had undergone basic training course as IRB Constable from 11.03.2019 to 09.01.2020 which was 3 years and 9 months ago and sufficient time has elapsed and for the petitioner to perform his duties as a General Duty Constable, it would be in the interest of the institution as well as the petitioner to do the present basic training course which would also enhance his skills. The impugned order also takes note of the fact that training with counterparts by forming groups helps the employee throughout his service as it would help developing camaraderie and bond with batchmates of General Duty Constables and is also beneficial 2023.11.09 18:15 for increasing the tally of the petitioner for being promoted to List B. The CWP-24701-2023 oooooooo10 2023:PHHC:140519o impugned order has also taken into consideration the relevant rules and regulations including Section 18(3) of the Haryana Police Act 2007 which specifically provides that no police officer shall be deployed on duty without undergoing and passing the basic training as may be prescribed and as per Rules 19.2.(1) of Punjab Police Rules 1934 as applicable to the Haryana, the recruits shall not be passed into the ranks until they have undergone the 9 months training. The said observations in the impugned order have not been shown to be either perverse or against rules / regulations. The reasons given in impugned order are valid and do not call for any interference. Considering from any angle, the basic training which is prescribed for Male Constable (GD) is mandatory and cannot be exempted. It is not in dispute that the petitioner has already undergone almost 2 months of training after having been appointed as Constable (GD) and thus, is well aware of the importance of the same. There is nothing on record to show that the petitioner by undergoing the said training would in any way be disadvantaged in his service career. In fact the said training would make theopetitioneromoreoskillfuloandophysicallyofit.

¶7The reliance placed upon by the learned counsel for the petitioner, on the judgment of the coordinate Bench dated 23.08.2022 passed in CWP-16315-2022 would also not further the case of the petitioner,oonotheofollowingogrounds:-

i) A perusal of the said judgment would show that it has been specifically noted that the same shall not be treated as a precedent and thus relying upon the said judgment to grant relief to the petitioner wouldoresultoinomakingotheosaidojudgmentoaoprecedent.

ii) The facts of the said case are not pari materia with the facts of 2023.11.09 18:15 the present case, inasmuch as the petitioners in the above said writ CWP-24701-2023 oooooooo11 2023:PHHC:140519o petition were not appointed as Male Constable (GD) on account of the fact that the marks with respect to 'socio-economic category' to which they were entitled were not given to the petitioners therein and it is only after they approached this Court by filing two separate writ petitions seeking additional marks and orders were passed to consider the case of the petitioners therein by passing a speaking order that the authorities realised their mistake and gave additional marks to the said petitioners and thus, from the said facts it is apparent that the authorities were at fault in not appointing the petitioners therein to the post of Male Constable (GD) in the first instance itself and the petitioners therein were in the meantime appointed to the India Reserve Battalions and had undergone the recruit basic training course and it was in the said background that it was observed that they should not be made to undergone the said course again after having been appointed as Constable (GD), after having been given additional marks which should have been given to them in the first instance and that the judgment of the Court should not to treated as a precedent and no direction was given to the effect that the said judgment would apply to the complete batch of 86. The case of the petitioner, on the other hand, is on a different footing inasmuch as the department cannot be stated to be at any fault in the petitioner having been first appointed as Male Constable IRB and thereafter being appointed as Male Constable (GD) as the petitioner was initially shown in the waiting list of Male Constable (GD) and had chosen to be appointed as Male Constable IRB on his own accord and thereafter, the petitioner who was there in the waiting list of Male 2023.11.09 18:15 Constable (GD) was fortunate to get the appointment as Male CWP-24701-2023 oooooooo12 2023:PHHC:140519o Constableo(GD).

iii) The reasons as stated in para 7 (ii) and (iii) of the impugned order have neither been raised nor considered by the coordinate Bench.

iv) Although an argument was raised before the coordinate Bench on behalf of the State with respect to there being difference in the nature of duties of the two cadres but the same was not raised as elaboratelyoasohasobeenostatedoinoparagrapho5oofotheoimpugnedoorder.

v) The fact that the judgment of the Coordinate Bench has been implemented by the State would also not benefit the petitioner inasmuch as since the said judgment stated that it was not to be treated as a precedent and was allowed in the peculiar facts and circumstances of the case, thus, as per the stand of the State of Haryana they had chosen to implement the same instead of contesting itofurther.

¶8Keeping in view the above said facts and circumstances, the impugned order dated 13.10.2023 being well reasoned and having been passed in accordance with law, is upheld and the present petition being meritless,odeservesotoobeodismissedoandoisoaccordinglyodismissed. (VIKASoBAHL) oooooooooooooooooooJUDGE Novembero03,o2023. DavinderoKumar Whetherospeakingo/oreasoned Yes/No Whetheroreportable Yes/No