The court affirmed that candidates cannot challenge a selection process after participating without objection, emphasizing the authority of the Director General of Police to issue Standing Orders within statutory limits.

JUDGMENT :

Sandeep Sharma, J.

Since common questions of law and facts are involved in the above captioned petitions and similar reliefs have been claimed, all the matters were heard together and are being disposed of vide this common judgment.

2. By way of instant petitions, petitioners have prayed for the reliefs, which are similar, as such, relief prayed for in CWP No.8907 of 2022 is reproduced herein below:-

“a. That the writ in the nature of certiorari or any other appropriate writ of direction may kindly be issued quashing the impugned Standing Order dated 02.01.2017(Annexure P-2) to the extent whereby the minimum qualifying marks percentage for written test has been raised from 50% to 605 vide clause 6(g) and further to the extent whereby minimum qualifying percentage marks to clear the B-1 test has been rasied to 60% instead of 50% being in utter violation to the provision to the Punjab Police Rules which are having the Statutory force;

b. That the writ in the nature of mandamus or any other appropriate writ of direction may kindly be issued directing the respondents to sponsor the name of the petitioners for further selection process by treating them as if they have attained minimum pass marks in the written test.”

3. For having bird’s eye view, facts as emerge from the pleadings adduced on record by the respective parties to the lis, are that petitioners are serving in Police Department as Constables. Next promotional post from the post of Constable is that of Head Constable. The procedure, which is in vogue in terms of the Himachal Pradesh Police Act, 2007 read with Punjab Police Rules as amended from time to time by Government of Himachal Pradesh, as are applicable to the State of Himachal Pradesh, for promotion to the post of Head constable is that eligible candidates are required to undergo B-1 test and candidates, who successfully clear B-1 test, are then entered into a register, maintained by the Department and on the basis of seniority intra the selected Constables, they are sent for Lower School Course. The candidates, who are successful in B-1 test and Lower School Course, are promoted to the post of Head Constable as per seniority subject to availability of posts.

4. Director General of Police, Himachal Pradesh in exercise of power vested in him under Section 143 of the H.P. Police Act, 2007 read with Rule 13.7 of Punjab Police Rules as amended by the Government of Himachal Pradesh vide Notification No. Home (A)B(2)- 4/90-II, Part dated 13.06.2008, issued Standing Order dated 02.01.2017 to regulate the B-I test. Besides, prescribing the composition of the Departmental Committees for selection to be made from amongst Constables for admission to list B from which Constables were be deputed to undergo promotional course ( Lower School Course), procedure for holding B-1 test also came to be prescribed in the aforesaid Standing Order. As per aforesaid Standing Order, B-1 test is meant to select the Constables to undergo the promotional course i.e. Lower School Course to enable them to earn promotion to the post of Head Constables. As per Clause -2 of Standing Order, B-1 test is required to be held in the month of August every year generally, but the Director General of Police shall have discretion to hold the test once or more than once in a year in case of exigencies keeping in view the vacancy position.

5. Clause 5 of Standing Order provides for eligibility. Constable after his having completed five years service from the date of appointment in the cadre of Constable is entitled to participate in B- 1 test. In case, test is not held in the month of August, all the candidates, who become eligible subsequently, shall also be eligible to appear in the said test. Those candidates, who obtain first position in the Recruits Basic Training course, will be eligible to appear in B-1 test after completing three years service. Similarly, deputationists and personnel serving outside the district/unit shall also be eligible for con