Basic training for Male Constables is mandatory under the Haryana Police Act and cannot be waived based on prior training in a different cadre.

JUDGMENT

Mr. Vikas Bahl, J. (ORAL)

This 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-16) passed by respondent no.3.

2. The case of the petitioner briefly stated 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. It is the case of the petitioner that in the meanwhile the petitioner was appointed to the post of Constable IRB and joined on 06.03.2019 and completed his training as Male Constable IRB from 11.03.2019 to 09.01.2020. It is further the case of the petitioner that cut off marks of the last candidate in the Male Constable (GD) under BCB category were 56.20 and the petitioner was shown to have been given 51.20 marks and was not awarded 5 marks under the socio-economic criteria and thereafter, the petitioner had filed CWP-17349-2020 which was disposed of by a coordinate Bench of this Court vide order dated 16.10.2020 directing the respondent authorities to pass a speaking order after considering the claim of the petitioner. It is further the case of the petitioner that the respondent Commission did not comply with the said direction and thus, a contempt petition was filed and during the pendency of the contempt petition that the claim of the petitioner was accepted and the petitioner was recommended for appointment as Male Constable (GD) vide letter dated 25.07.2021 and has been selected at 3074-A in BCB category and in furtherance of the said recommendation, he applied for technical resignation from IRB and subsequently the resignation was accepted vide order dated 17.01.2022 and he was relieved from the post of Constable IRB. 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. It is the case of the petitioner that the said prayer of the petitioner was rejected vide order dated 17.02.2022 (Annexure P-14) in which it was observed that the petitioner may be deputed afresh to undergo 9 months recruit basic course along with recruit Constables GD in the next batch for the said course. The petitioner against the said order approached this Court by filing CWP-15413-2023 and this Court vide order dated 21.07.2023 directed the respondent authorities to reconsider the matter. 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-15413- 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 reconsider 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 law. The respondent-authority vide order dated 13.10.2023 has considered the said request / representation independently and after giving detailed reasons, rejected the prayer of the petitioner. The relevant portion of the impugned order is reproduced hereasunder:-

"5. Whereas, it is submitted that the nature of duties of Haryana Ar