As per case facts, petitioners, Constables in Haryana Police, were listed for the Lower School Course (promotion to Head Constable) under the 35% Seniority-cum-Fitness category. They are unwilling to undergo ...
108 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
****
CWP-24483-2025
Date of Decision: 04.09.2025
Sandeep Kumar and Others ...Petitioners
Versus
State of Haryana and Others ...Respondents
And
Sr.
No.
Case No. Petitioner(s) Respondent(s)
2. CWP-25763-2025 Jitender and Others State of Haryana and
Others
3. CWP-26190-2025 Nirmala Devi and
Others
State of Haryana and
Others
CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present:- Mr. Balkar Singh, Advocate and
Mr. Gurdeep Grewal, Advocate
for the petitioners.
Mr. Ashok Kumar Kh
ubbar, Addl. A.G., Haryana.
JAGMOHAN BANSAL, J. (ORAL)
1. As common issues are involved in the captioned petitions,
with the consent of both sides, the same are hereby disposed of by this
common order. For the sake of brevity and convenience, facts are
borrowed from CWP-24483-2025.
2. The petitioners through instant petition under Articles
226/227 of the Constitution of India are seeking setting aside of order
dated 04.08.2025 whereby Director General of Police, Haryana (DGP)
has included their names in List-B under 35% Seniority-cum-Fitness
category for the year 2022 Lower School Course.
3. The petitioners are part of Haryana Police Force. They are
CWP-24483-2025 and other connected cases -2-
more than 35 years old. They are holding rank of Constable. Selection of
Constables for admission to Lower School Course is made in the manner
prescribed under Rule 13.7 of Punjab Police Rules, 1934 (as applicable to
State of Haryana) (in short ‘PPR’). Post of Head Constable is a
promotional post. The respondent has included name of petitioners in
List-B under 35% Seniority-cum-Fitness Quota. The respondent wants to
depute petitioners for Lower School Course of 2022 Batch. The
petitioners are unwilling to undergo Lower School Course because they
do not want promotion. They want to retain their present status i.e. post of
Constable.
4. Learned counsel representing the petitioners submits that
petitioners do not want to go for Lower School Course because they do
not wish to hold substantive rank of Head Constable. They are ready to
forego their Assured Carrier Progression Scheme. They would never
claim benefits financial or otherwise attached to promotional post of
Head Constable.
5. Per contra, learned State counsel submits that there is acute
shortage of Investigating Officers. Investigation cannot be conducted by a
Constable and only a Head Constable can be Investigating Officer. The
petitioners have no right to deny promotion. DGP has issued letter dated
20.09.2024 clarifying that Constables are duty bound to accept
promotional post of Head Constable.
6. I have heard learned counsel for the parties and perused the
record with their able assistance.
7. The respondent is relying upon letter dated 20.09.2024 of
CWP-24483-2025 and other connected cases -3-
DGP which is reproduced as below:
“Subject:- Instructions regarding removal of names
from seniority list in the ranks of Head
Constable or above, List C-1 and
promotion list B-1.
Memo
Please refer to the subject cited above.
In this regard, it has been observed that
applications of Police Officials are received for removal
from the ranks of Head Constable or above, list C-1 and
promotion list B-1 in this office citing the reasons of
personal hardships/physical problems of self or family
members etc.
In view of large number of such applications
being received, it appears that tendency is developing
among police officials to get their names removed from the
ranks of Head Constable or above, List C-1 and promotion
list B-1 in order to avoid investigation work. If police
personnel start avoiding investigation work like this, it will
result in severe shortage of Investigation Officers in the
department. At present, the department is already facing
this problem due to large number of vacancies in the rank
of Head Constable. If the situation does not improve, the
performance of this primary duty of investigation of crimes
in the State will be seriously hampered.
Police officials who get enrolled in Police
Department are bound to perform duties of Law & Order,
Investigation and other duties which are assigned to them.
Furthermore, the department invests a lot of energy and
resources to train Police Officials to become good
Investigation Officers. Hence, this undesirable tendency
among Police officials to avoid the investigation work has
to be discouraged.
Moreover, if, any police official has genuine
CWP-24483-2025 and other connected cases -4-
problem, he/she may be given light duty/non-investigation
work for some time as per requirement, in such a way that
relief is provided to the affected official and work of the
department also does not suffer.
In view of above, it may be ensured that such
applications for removal of names from those candidates
who have already attended the Lower School Course, or
whose name has been entered in list C-1 or promotion list
B-1, are not entertained.
The above directions may be complied within
letter and spirit.
(Sanjay Kumar) IPS
ADGP/Administration
for Director General of Police, Haryana.”
8. From the perusal of aforestated letter, it is evident that it is
an administrative letter. It has no binding force and at least is not binding
on the Court. Matter needs to be examined in the light of applicable
Rules.
9. The promotion from the post of Constable to Head Constable
is governed by Rule 13.1 read with Rules 13.7 and 13.8 of PPR. The said
Rules are reproduced as below:
“13.1 Promotion from one rank to another:-
(1) Promotion from one rank to another, and from
one grade to another in the same rank shall be made by
selection tempered by seniority. Efficiency and honesty
shall be the main factors governing selection. Specific
qualifications, whether in the nature of training courses
passed or practical experience, shall be carefully
considered in each case. When the qualifications of two
officers are otherwise equal, the senior shall be promoted.
This rule does not affect increment within a time-scale.
(2) Under the present constitution of the police
CWP-24483-2025 and other connected cases -5-
force no lower subordinate will ordinarily be entrusted
with the independent conduct of investigations or the
independent charge of a police station or similar unit. It is
necessary, therefore, that well-educated constables, having
the attributes necessary for bearing the responsibilities of
upper subordinate rank, should receive
accelerated promotion so as to reach that rank as soon as
they have passed the courses prescribed for, and been
tested and given practical training in the ranks of
constable and head constable.
(3) For the purposes of regulating
promotion amongst enrolled police officers six promotion
lists - A, B, C, D, E and F will be maintained.
Lists A, B, C, and D shall be maintained in each
district as prescribed in rules 13.6, 13.7, 13.8 and 13.9 and
will regulate promotion to the selection grade of
constables and to the ranks of head constables and
assistant sub-inspector. List E shall be maintained in the
office of Deputy Inspector-General as prescribed in sub-
rule 13.10 (1) and will regulate promotion to the rank of
sub-inspector. List F shall be maintained in the office of
the Inspector-General as prescribed in sub-rule 13.15(1)
and will regulate promotion to the rank of Inspector.
Entry in or removal from A, B, C, D or E lists shall
be recorded in the order book and in the character roll of
the police officer concerned. These lists are nominal rolls
of those officers whose admission to them has been
authorised. No actual selection shall be made without
careful examination of character rolls.
(4) Nothing contained in these rules shall affect
reservation and other concessions required to be provided
for Scheduled Castes and other Backward Classes in
accordance with the orders issued by the State
Government in this regard, under clause (4) of Article 16
of the Constitution of India.
CWP-24483-2025 and other connected cases -6-
13.7- Selection of constables for admission to
Lower School Courses:-
(1) A list B shall be maintained at the State Police
Headquarters as per Form 13.7. It shall include the names
of all constables selected for admission to the Lower
School Course. Selection to the list B shall be made
annually for the entire State and shall be limited to the
number of seats determined for the general and different
reservation categories for the year. The number of seats for
Lower School Course in a year shall be determined on the
basis of existing vacancies of head constables and the
vacancies likely to be created within one year in the entire
State. The total seats determined for admission to Lower
School Course in a year shall be filled up as under :-
(a) 62% of the seats shall be filled up on the
basis of aggregate of constable's service record,
marks obtained in a competitive examination called
the Lower School Entrance Test (LSET) and
parade;
(b) 35% on the basis of seniority-cum-fitness;
(c) 03% on the basis of consistent outstanding
performance in job/obtaining gold or silver medal
in all India police games and duty meet/national
games or exceptional display of bravery during the
course of performance of official duty:
Provided that no constable during the period
when he is undergoing major punishment shall be
eligible for entry into list B.
(2) The Lower School Entrance Test shall be an online
objective type test of ninety minutes duration comprising of
one hundred forty multiple choice questions carrying one
mark each with a provision of negative marking at the rate
0.25 mark for marking an incorrect answer. Every
candidate appearing in the online Lower School Entrance
Test on submitting his test finally shall be able to view his
test score on the screen instantly and shall also be given a
CWP-24483-2025 and other connected cases -7-
hard copy of his score card, after the test. The syllabus for
Lower School Entrance Test shall be the same as
prescribed for the basic recruit course for constable.
Constable shall have to score a minimum of fifty percent to
qualify in the Lower School Entrance Test. Only those who
qualify shall be allowed to appear in the parade test and
for eventual selection within this category.
(a) Parade test: All the eligible candidates shall
appear in a parade test of total 10 marks with the
following breakup:
(i) Turn Out 01;
(ii) Marching 02;
(iii) Arms drill 02;
(iv) Command control 02;
(v) Weapon handling 03.
(b) There shall be no interview test for selection of
constables for List B.
(3) Eligibility:
(a) 62% selection category: All constables
irrespective of their educational qualifications shall be
eligible to appear for Lower School Entrance Test, if they
are under the age of 35 years and have completed 5 years
of qualifying service on the 1st day of January of the year
in which selection is made.
(b) 35% selection category: All constables
irrespective of their educational qualifications shall be
eligible to be brought on list B on seniority-cum-fitness
basis i.e. under 35% category if they are between 35 to 40
years of age and have completed 5 years of qualifying
service on the 1 st day of January of the year in which
selection is made. However, candidates appearing under
this category shall have to attain a minimum bench mark
of 31 marks to be eligible for consideration for selection
under this category.
(c) 03% selection category: All constables
irrespective of their educational qualifications shall be
CWP-24483-2025 and other connected cases -8-
eligible to be brought on list B under 03% category i.e. on
the basis of consistent outstanding performance in
job/obtaining gold or silver medal in all India police
games and duty meet / national or international games or
exceptional display of bravery during the course of
performance of official duty if they are under the age of 40
years and have completed five years of qualifying service
on the 1st day of January of the year in which selection is
made.
Provided that-
(i) a constable belonging to reserve category
who is recruited near the maximum prescribed age limit
for the category as per Government instructions shall be
allowed to appear in Lower School Entrance Test (LSET)
for minimum three consecutive chances after completion of
five years of service even if he has crossed the age of 35
years up to maximum of 40 years of age;
(ii) an ex-serviceman enrolled as constable shall be
allowed to appear in Lower School Entrance Test (LSET)
for three consecutive chances irrespective of age after
completion of five years of qualifying service;
(iii) no candidate shall be considered eligible under
62% as well as 35% selection category simultaneously.
The ex-servicemen or reserve category candidate who is
over 35 years of age shall have to either, first exhaust his
chance to compete in Lower School Entrance Test (LSET)
or surrender it in writing before becoming eligible to be
considered against 35% selection category;
(iv) a candidate eligible under 03% category may
be simultaneously considered under 62% or 35% selection
category. However, where the name of such candidate
appears in more than one selection category, the candidate
shall be considered by the Departmental Selection
Committee under the category in which chances of his
final selection are maximum. However, the decision of the
Departmental Selection Committee regarding retaining /
CWP-24483-2025 and other connected cases -9-
bringing his name under one of the selection category
shall be final.
(4) Departmental Selection Committees (DSCs):
(a) The Director General of Police shall constitute
separate Departmental Selection Committees for selection
of constables to Lower School Course one each for the
62%, 35% and 03% selection category. Each DSC shall
consist of an officer not below the rank of Deputy
Inspector General of Police as Chairperson and two
officers not below the rank of Deputy Superintendents of
Police as Members. The DSC so constituted with the
approval of Director General of Police may co-opt as
many officers/staff as required for the smooth conduct of
selection process. For all eligible candidates, the Lower
School Entrance Test shall be held at one prescribed olace
only to rule out any possibility of unfair practice at
different centres during this examination.
(b) The assessment of service record shall be done
on the basis of education, training courses passed and
commendation certificate during the service.
The marks assigned to these shall be as follows:-
(i) Education
Class Mark
10+2 01
ITI or Polytechnic college
Certificate in any Technical
Trade
02
ITI of Polytechnic college
Diploma in any Trade
03
Graduate (Arts.) 03
Graduate (Science and
Engineering)
05
Law Graduate 08
Post Graduate (Arts) 06
Post Graduate (Science) 08
CWP-24483-2025 and other connected cases -10-
(ii) Commendation Certificates (CC) :
CC Mark
Class I 03
Class II 02
Class III 01
Total marks to be awarded for commendation
certificates shall not exceed 10. Commendation granted
upto 1st July of the previous year only shall be taken into
consideration for counting the marks.
(iii) Training Courses Passed:
Maximum marks awarded for training courses
passed by a candidate shall be thirty. Only the training
courses passed by the candidates upto 31st December of
the year preceding the year in which selection is made
shall be taken into account while awarding marks.
Constables who obtain all round 1st, 2nd and 3rd positions
in the basic recruit training course shall be awarded 15,
10 and 05 marks respectively. Following marks shall be
given for general and special training courses passed by a
candidate.
General
(Duration)
Mark Special (Duration) Mark
For training
courses of less
than two weeks
01 Armourer Basic
Course-(10 M)
10
For training
courses of two
weeks
02 Police commando
Instructor Course by
National Security
Guard/Central Armed
Police Force
06
For training
courses of
duration
exceeding 2
weeks but not
exceeding 4
weeks
03 Bomb Disposal Cours-
Advance by National
Security Guard/Central
Armed Police Force
06
For training
courses of
duration
exceeding 4
04 Bomb Disposal Course-
Basic
05
CWP-24483-2025 and other connected cases -11-
weeks but not
exceeding 6
weeks
For training
courses of
duration
exceeding 6
weeks but not
exceeding 8
weeks
05 Basic Commando
Course (3M)
05
8 weeks but not
exceeding 12
weeks
06 Special Weapon and
Tactics Course – (3M)
05
For training
courses of
duration
exceeding 12
weeks but not
exceeding 16
weeks
07 Un-Armed Combat for
Women - (3M)
05
16 weeks but
not exceeding
20 weeks
08 Martial Arts for Men –
(3M)
05
For training
courses
exceeding 20
weeks
10 Drill Basic Course-
(4M)
05
(iii) Negative marking:
Marks at the following rate shall be reduced for
every major/minor punishment while calculating marks for
both categories of competitive examination and seniority:-
Punishment Mark
For every major punishment 05
For every minor punishment 02
The major/minor punishment considered for
deduction of marks shall only be those which have been
awarded on or before the Ist day of July of the year
preceding the year in which selection is made.
(5) Selection on the basis of seniority-cum-fitness
i.e. under 35% category:
(a) For selection of 35% candidates on the basis of
CWP-24483-2025 and other connected cases -12-
seniority-cum-fitness as mentioned in sub-rule (1) above,
the Departmental Selection Committee shall grant marks
in this category for service records on the same basis as
mentioned in sub-rute (4) above. Further for this category,
marks shall also be awarded for the length of service as on
1st January of the year in which selection is made at the
rate of 2 marks for each completed calendar year of
service after 5 years of qualifying service subject to a
maximum of 24 marks:
Provided that exemptee Head Constables who were
promoted in view of Director General of Police, Haryana
standing order No. 127/2008, dated the
22nd September, 2008 are willing for admission of their
names to list B according to seniority-cum-fitness in view
of their consequential reversion then they can do so in
their own interest by giving their consent in writing and on
being admitted to list B shall be reverted to the rank of
constable.
(6) Selection under 3% category :
(a) Selection of constables for Lower School
entrance under 3% category at the rate of one percent for
each of the following categories shall be made by the
Department Selection committee from amongst the
recommendations forwarded by the Superintendents of
Police through their respective Inspectors General of
Police to the State Police Headquarters up to
31
st
December of the preceding year in which selection is
made.
(i) on the basis of consistent outstanding
performance in job- (1%);
(ii) attaining Gold or Silver Medal in All India
Police Games & Duty Meet/National Games –
(1%);
(iii) exceptional display of bravery during the
course of performance of official duty – (1%)
CWP-24483-2025 and other connected cases -13-
(b) Whenever, no case is found suitable for
recommendation under this category, the Superintendent of
Police shall forward recommendation certificate to this
effect to the State Police Headquarters through the
respective Inspectors General of Police;
Provided that sports achievements under consideration for
selection under 3% category pertaining to constables who
have been enrolled into service against posts reserved for
Sportspersons category relate only to the period, after
their having joined the service.
(7) Order of merit:
(a) For the purpose of determining inter-se-merit of
the constables for the aforementioned three different
categories for admission to list B, wherever, the score /
achievement of two or more constables is found to be
equal, the constable who is senior in service shall be
selected first; further, in case, two or more constables who
have equal scores and the same seniority, then the
constable who is higher on inter-se-merit of the basic
recruits course shall be brought on list B first, finally, if
there is still a tie between candidates, the constable who is
senior in age shall be selected first.
(b) Government policy on reservation in promotion,
if any, shall be followed for selection of constables for list
B under 62% as well as for 35% category.
However, no reservation policy shall be applicable under
3% category meant for selection of constables on the basis
of Consistent Outstanding Performance in job, All India
Police Games / Duty Meet / National Games and for
Exceptional Bravery.
(c) There shall be no waiting list. Seats which
remain unfilled in any of the above mentioned category in
a year shall lapse.
CWP-24483-2025 and other connected cases -14-
(8) The recommendations of the Departmental
Selection Committee shall not be final until the same are
approved by the Director General of Police. The Director
General of Police shall accord his approval only after due
scrutiny of the list about its correctness. The Director
Genera! of Police may either consider to seek any
clarification or refer the list back to the Departmental
Selection Committee concerned for correction of
errors/omission in the list, if any
13.8 List C. Promotion to Head Constables.-
(1) In each district a list shall be maintained in card
index form (Form 13.8(1) of all constables who have
passed the Lower School Course at Phillaur and are
considered eligible for promotion to Head Constables. A
card shall be prepared for each constable admitted to the
list and shall contain his marking under sub-rule 13.5(2)
and notes by the Superintendent himself, or furnished by
Gazetted Officers under whom the Constable has worked,
on his qualifications and character. The list shall be kept
confidentially by the Superintendent and shall be
scruitinized and approved by the Deputy Inspector-
General of Police at his annual inspection.”
10. From the perusal of Rule 13.1 of PPR, it is evident that
promotion is made by selection tampered by seniority. Efficiency and
honesty are the main factors governing selection of candidates. When
qualifications of two Officers are otherwise equal, the senior is promoted.
Rule 13.7 prescribes detailed procedure for selection of candidates for
admission to Lower School Course. Candidates who are unable to clear
Lower School Entrance Test are considered under 35% Seniority-cum-
Fitness Quota. Under 62% Quota, Constables under the age of 35 years
CWP-24483-2025 and other connected cases -15-
are considered whereas under 35% Quota, Constables between 35 to 40
years of age are considered. In both the situations, there is requirement to
complete 05 years’ qualifying service. No candidate can be considered
under 62% as well as 35% category simultaneously. There is provision for
reservation. Candidates belonging to Reserved Category are entitled to
relaxation. DGP has to constitute Departmental Selection Committee for
selection of Constables to be deputed for Lower School Course under
aforesaid categories. Marks are prescribed for assessment of the
Constables. Rule 13.7 in totality provides that persons who are fit in all
respects ought to be considered for promotion. As per Rule 13.8 of PPR,
as soon as Lower School Course is completed, name of successful
candidates is brought on List-C.
It is well known that promotion is recognition and every
Officer wants promotion. There is always dispute with respect to
promotion. It is a strange case where petitioners are denying promotion
whereas respondent is compelling them to be promoted.
11. From the conjoint reading of Rules 13.1, 13.7 and 13.8 of
PPR, it appears that a candidate who wants promotion has to comply with
various parameters and pass tests. Promotion is not automatic. In the
Lower School Course, physical fitness is examined and candidate has to
clear many papers. These facts collectively prove that promotion is
recognition and it is neither mechanical nor automatic. The petitioners do
not wish to be promoted. The respondent in the absence of particular Rule
cannot compel petitioners to undergo Lower School Course and thereafter
seek promotion. The respondents need to amend applicable Rules so that
CWP-24483-2025 and other connected cases -16-
problem may be resolved. Letter of DGP cannot compel petitioners to
accept promotion.
12. In the wake of above discussion and findings, this Court is of
the considered opinion that petitioners cannot be compelled to seek
promotion. It is their prerogative. If they do not want promotion, the
respondent cannot compel them to seek promotion unless and until
specific Rules are framed.
13. In the above premise, the instant petitions are allowed. It is
hereby made clear that petitioners, as conceded, shall not be entitled to
any financial or other benefits which are attached to the post of Head
Constable.
(JAGMOHAN BANSAL)
JUDGE
04.09.2025
Prince Chawla
Whether Speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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