IN THE HIGH COURT OF DELHI
Manmohan, Navin Chawla, JJ.
Ravinder Kumar - Appellant
Versus
Union of India - Respondent
W.P. (C) 8568 of 2021 & CM Appls. 26540-26541 of 2021
Decided On : 17-08-2021
| Table of Content |
|---|
| 1. challenge to new training mandate for crpf personnel. (Para 1 , 2 , 3) |
| 2. concerns over age and health of petitioners for additional training. (Para 4 , 5 , 6) |
| 3. court finding on necessity of training for crpf personnel. (Para 7 , 8 , 13 , 14 , 15) |
| 4. affirmation of authority to require further training. (Para 9 , 10) |
| 5. dismissal of petition; no merit found. (Para 11 , 12) |
JUDGMENT
Navin Chawla, J. (Oral)
The petition has been heard by way of video conferencing.
1. This petition has been filed by the petitioners challenging the Signal dated 20.07.2021 whereby the petitioners have been directed to report to RTC Latur for 28 weeks basic induction training and for a direction to the respondent not to insist the petitioners to undertake the said training at this stage of their service.
2. It is the case of the petitioners that the petitioners were enrolled as Constable (GD) and Head Constable (GD) in the Central Reserve Police Force (hereinafter referred to as `CRPF') through the Sports quota in various years ranging from 2001 to February 2017. At the time when the petitioners were enrolled in service, all CRPF personnel had to undergo 44 weeks basic induction training before their deployment to their respective units/battalions, however, personnel selected through Sports quota had to undergo only 16 weeks of basic training. The counsel for the petitioners submits that the activities in such 16 weeks training were primarily the same as those undergone by others in 44 weeks; they were only more compact and time restrained in manner. The intention behind this was to ensure that personnel selected for their excellence and proficiency in sports could focus their energies on their discipline of sports and win laurels for the CRPF. Similar was the training procedure followed in other paramilitary Forces like the Border Security Force and the Indo-Tibetan Border Police.
3. It is further contended by the learned counsel for the petitioners that as per the policies of the respondent/CRPF, after a certain amount of time, personnel who were selected through the Sports quota would be de-inducted from their respective teams due to a drop in performance level caused by injuries, sickness, age, indiscipline et cetera and would thereafter be posted to various units/battalions and assume their duties of regular GD personnel. Before the assumption of such duties, no further training was expected of them. It was only with an Office Order dated 20.04.2017 that the respondent/CRPF reviewed its policy of basic training of sports persons and mandated that once the sports persons are weeded out/removed from teams due to reasons like age, poor performance, injury, and indiscipline, et cetera, they will be put through 28 weeks of induction training before they are deployed/sent to the units. They submit that the above said office order further stated that sports persons who have undertaken only 16 weeks of initial basic training would not be eligible for taking the Limited Departmental Competitive Examination (hereinafter referred to as `LDCE') since the same required mandatory 44 weeks of basic training. The petitioners contend that this office order can only have a prospective effect and would not be applicable to the petitioners as they had been enrolled in the CRPF prior to that date. Despite the same, by the Impugned Signal dated 20.07.2021 the petitioners have been directed to report to RTC Latur for 28 weeks basic induction training. The petitioners contend that after being de-inducted from the sports teams the petitioners have been performing/discharging their duties without any complaints and therefore, there is no necessity for further training being forced upon the petitioners.
4. The counsel for the petitioners further submits that the petitioners, due to their age, medical fitness, et cetera, cannot be expected to complete the same training course which is being undertaken by the new recruits. It is their contention tha
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