Writ petition dismissed for lack of locus after participating in irregular selection process; Committee's collective assessment essential for fairness.

JUDGMENT

By way of this writ petition, the petitioners have, inter alia, prayed for the following reliefs:-

“(i) That the impugned order dated 19.05.2021 (wrongly mentioned as 19.05.2020) i.e., Annexure P-18 and order dated 14.03.2018 (Annexure P-6) may kindly be quashed and set aside.

(ii) That the result of B-1 outdoor test declared vide Annexure P-13 qua the petitioners, having not been conducted as per the law contrary to Standing Order No. 11/2016, and the final list (Annexure P-10) be quashed and set aside. Further the respondents may kindly be directed to conduct the B-1 outdoor test afresh as per the standing order and in a fair and impartial manner.

(iii) That in alternate to Relief No. (ii) official respondents may be directed to declare the petitioners eligible for Lower School Course, 2021 in parity to the petitioners in CWPOA No. 40671 of 2020, who have been recommended and set for the course notwithstanding the fact that they had also not passed the outdoor test.”

2. Brief facts necessary for the adjudication of this petition are as under:-

Petitioners are serving as Constables in the Police Department of the respondent-State. The next promotional post from the post of Constable is that of Head Constable. In order to be eligible for promotion to the post of Head Constable, a Constable, who has put in five years service as such, has to participate in a selection process for selection of candidates for admission to promotion course for Constables at the Police Training College, as envisaged vide Notification dated 13.06.2008, issued by the Home Department, Government of Himachal Pradesh under The Punjab Police (Himachal Pradesh Amendment) Rules, 2008. In terms of Amendment Rules, Rule 13.7 of The Punjab Police Rules, 1934, in its application to the State of Himachal Pradesh stands substituted to the effect that each Superintendent of Police/Commandant Police Battalions of Himachal Pradesh has to maintain a List ‘B’, which shall include the names of Constables, who are selected for admission to the Promotion Course for Constables at Police Training College. According to Rule 13.7, the test is to be regulated by a Standing Order issued by the Director General of Police. All successful candidates are to be kept in a panel and sent for Lower School Course on merit basis as per available vacancies. Names of the successful candidates are to be entered in List ‘B’ in order of their merit, as determined by the Departmental Promotion Committee constituted by the Director General of Police, on the basis of tests, as envisaged in this Notification. The Notification further envisages that there shall be two written papers for the test, i.e., Paper-I comprising of Punjab Police Rules and Practical Police Work and Paper-II comprising of Laws, including Local and Special Laws. The office of Director General of Police has issued Standing Order qua B-I test vide Annexure P-2, dated 02.01.2017, i.e., Standing Order No. 11/2016, which, inter alia, provides for regulation of B-I test, prescribes the composition of Departmental Committees for selection to be made from amongst Constables for admission to List-B etc. The composition of Departmental Selection and Promotion Committee is defined as one, which shall be constituted at District level. The Committee is to comprise of Superintendents of Police of the Districts other than the Superintendent of Police of that District where the test is to be held and other members of Committee are to be nominated by ADGP/AP&T. The ADGP/AP&T is also to prepare the final merit list and send the same to PHQ for deciding the merit of selected candidates. The Standing Order further envisages that the function of the Departmental Selection Committee will be to scrutinize the