Standing orders cannot override or supersede the rules and regulations, and candidates who participate in the selection process cannot subsequently challenge the method of selection and its outcome.

JUDGMENT

Jyotsna Rewal Dua, J. - Being inter-connected, these writ petitions are taken up together for disposal.

2. Main prayer in both these writ petitions is for quashing of order/circular, dated 18.01.2018, whereby, on the basis of State level merit list, 234 out of 931 Constables who had qualified B-I Test (2017), were nominated by the respondents for the Lower School Course, keeping in view the availability of vacancies at that time in the rank of Head Constables.

3. Cwpoa No. 3141 of 2019

3(i) During hearing of this petition, learned Senior Counsel for the petitioner, restricted his prayers, and argued, only for grant of following relief No. 4 :-

"IV. That the respondents may be further directed to send all the candidates for the Lower School Course as and when the vacancies for promotion to the post of Head Constables are available."

3(ii) All the petitioners were appointed as Constables in the Police Department. After completion of requisite service and satisfying the eligibility criteria, they appeared in B-I Test held by the respondents w.e.f. 08.08.2017 to 25.08.2017 at A.P.G. University, Shimla.

3(iii) About 3500 Constables had appeared in the test. 931 Constables, including the petitioners, qualified this test. The Departmental Promotion Committee (DPC) examined the merit list of B-I Test 2017. The Committee prepared the State level final merit of 931 B-I Test qualified Constables at Police Headquarter Level. Out of 931 qualified Constables, the D.P.C. nominated 234 Constables for undergoing Lower School Course on the basis of State Level merit list. The recommendation was made on the basis of vacancies in the rank of Head Constables. The Committee further recommended that 'rest of the B-I Test pass candidates may be deputed to Lower School Course as and when vacancies in the rank of Head Constables (Executive Police) are available'. Petitioners had also qualified the B-I Test 2017 with following merit positions:-

"

Sr. No.

Name of Applicants

Merit List/Ranking

1.

Bhupinder Singh No. 475

285

2.

Pawan Kumar No. 457

886

3.

Balkar Singh No. 444

475

4.

Rajan Thakur No. 426

344

5.

Vineet Kumar No. 933

499

6.

Lalit Kumar No. 1293

577

7.

Amit Chauhan No. 133

240

8.

Anit Kumar No. 377

527

9.

Som Raj No. 516

237

10.

Kuldeep Kumar No. 376

404

11.

Neeraj Kumar No. 814

283

12.

Sanjeev Kumar No. 491

272

13.

Dinesh Kumar No. 531

341

"

3(iv) Legal Position

3(iv)(a) B-I Test selection is made from amongst Constables for undergoing promotional course (Lower School Course) to enable their promotion to the posts of Head Constables. This test is governed by Rule 13.7 of Punjab Police Rules as made applicable to the State of Himachal Pradesh as well as by Standing orders issued by the respondents. The relevant part of unamended Rule 13.7 of Punjab Police Rule is reproduced hereunder:-

"13.7. List 'B'. Selection of candidates for admission to promotion Course for Constables at the Police Training College.- (1) List 'B' in Form 13.7 shall be maintained by each Superintendent of Police/Commandant, Police Battalion of Himachal Pradesh. It shall include the names of all Constables selected for admission to the Promotion Course for Constables at the Police Training College. Selection shall be made in the month of January every year generally. However, the Director General of Police shall have discretionary powers to hold these tests once, or more than once in a year in case of exigencies, keeping in view the vacancy position. The test shall be regulated by the standing orders issued by the Director General of Police. All the successful candidates shall be kept in a panel and shall be sent for lower school course on merit basis as per available vacancies. Names shall be entered in the said list in order of their merit as determined by the Departmental Promotion Committee constituted by Director General of Police on the basis of the test. x x x x x x x x x."

(2) All Constables

(a) Who are middle pass and have put in more than four years of se