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2014 DIGILAW 174 (PNJ)

Lady Constable Meena Kumari v. State of Haryana

2014-01-20

AUGUSTINE GEORGE MASIH

body2014
Augustine George Masih, J. Petitioner has approached this Court, impugning the selection list of B-1 under 35% quota for the year 2013 female category, Annexure P-5 and the order dated 16.5.2013, Annexure P-7, passed by the Senior Superintendent of Police, Bhiwani-respondent No. 4, vide which the claim of the petitioner has been rejected. It is the contention of counsel for the petitioner that the petitioner appeared in B-1 test, which was held by the respondents and had obtained 33 marks whereas respondent No. 5 had obtained 31.5 marks. They although had obtained the minimum bench marks fixed by the respondents for being deputed to undergo Lower School Course but the petitioner having scored higher marks in B-1 test should be given preference over respondent No. 5, who has scored less marks in the test. He, on this basis, contends that the impugned selection list and the order cannot sustain. 2. Counsel for the respondents, on the other hand, submits that the minimum bench marks, which have been prescribed under the instructions issued by the Director General of Police, have been obtained by both the petitioner and respondent No. 5 and in the light of the Division Bench judgment of this Court in Balraj Singh and others Vs. State of Haryana and others, 2009(2) RSJ 463 , in which reference has been made to the Division Bench judgment passed by this Court in Civil Writ Petition No. 7952 of 2004 (Naresh Kumar Vs. State of Haryana and others), decided on 5.11.2004. The seniority would be the determinative factor, when minimum bench marks have been achieved by the candidate. Counsel for the respondents asserts that respondent No. 5 is senior to the petitioner, which fact is disputed by counsel for the petitioner. 3. On considering the respective submissions made by counsel for the parties and keeping in view the judgment passed by this Court in Naresh Kumar's case (supra) as also Balraj Singh's case (supra), the petitioner and respondent No. 5 having achieved the minimum bench marks, the person, who is senior in the placement list maintained by the respondents as per the norms, rules and instructions applicable for determining the placement in the list of Constables, shall be deputed to undergo B-1 course. This exercise be completed within a period of two weeks from the date of receipt of certified copy of this order. 4. This exercise be completed within a period of two weeks from the date of receipt of certified copy of this order. 4. In case the petitioner is ultimately held to be entitled to be deputed to B-1 course over and above respondent No. 5, the consequential benefits shall accrue to her. The writ petition stands disposed of accordingly.