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2021 DIGILAW 201 (PNJ)

Jai Singh Belt No 1328/GRP v. State Of Haryana

2021-01-22

RITU BAHRI

body2021
JUDGMENT Ritu Bahri, J. - Petitioner, Jai Singh has filed the present petition for issuance of writ in the nature of certiorari, seeking quashing the action of the respondents, not considering his candidature in Promotion List B-1 (Centrally) under 62% category for the year 2018 for further admission to lower school course 2018. Further prayer of the petitioner is for issuance of writ in the nature of mandamus seeking directions to the respondents to consider his claim according to his merit for selection in promotion list B. 2. The facts in brief are that petitioner was selected as Constable in the Haryana Police and joined on 06.04.2012 in Government Railway Police, Haryana. Before joining the police department, the petitioner was having the qualification of 10+2 and ITI Diploma. He had also undergone martial art course from 08.12.2014 to 18.05.2015. The copy of ITI certificate is dated 18.04.2007 (Annexure P-3). 3. Pursuant to letter and WAN message dated 28.05.2018 regarding allocation of seat for lower school course for the year 2018, the online B-1 test (62%) was held on 17.03.2019 and the petitioner participated in the said test being eligible candidate. The result was declared on the same day and the petitioner was shown to have secured 79 marks. Thus, he cleared the test. On 18.03.2019, the petitioner was called for parade test and he qualified the parade test as well. The result was declared on 12.12.2019 and the petitioner came to know that he has only been awarded 107 marks and the last candidate who has been sent for B-1 course has secured 108 marks. The petitioner also gave representation in this regard on 15.01.2020 (P-7) and reminder on 12.03.2020 (P-8) 4. The grievance of the petitioner before this Court is that despite the fact that the petitioner was having diploma in ITI and had undergone martial art course, he has not been awarded 02 marks for ITI Diploma and 03 marks for martial art Course. 5. Learned counsel for the petitioner has referred to one message dated 13.06.2019 (P-4) of DGP, Haryana in which it was mentioned that only those courses that are conducted by the training institutions of either Haryana Police or Haryana Government should be considered for assigning marks for B-1 purpose. 5. Learned counsel for the petitioner has referred to one message dated 13.06.2019 (P-4) of DGP, Haryana in which it was mentioned that only those courses that are conducted by the training institutions of either Haryana Police or Haryana Government should be considered for assigning marks for B-1 purpose. It was also mentioned that besides above, the courses conducted by Government of India, other State Government/Police, any Central Police Organization, any other institution set up by public sector undertaking of the Central/State Government and any public/private institution should also be considered, if a police personal is deputed/selected for the said traning course by the training branch of Haryana Police, Head Quarters, Government of Haryana. 6. Learned State counsel on the other hand states that the petitioner had requested for addition of his ITI certificate in his service record, vide application dated 30.07.2020 (R-1) whereas the petitioner joined the department on 06.04.2012. But however, the certificate was got verified from Industrial Training Institute Ambala City vide letter dated 30.09.2020 (R-2) and the ITI certificate of the petitioner was found to be correct and genuine, as intimated by the Industrial Training Institute Ambala City, vide letter No. 2461 dated 30.10.2020. 7. Heard learned counsel for the parties and have perused the record. 8. The question for consideration before this Court would be whether the late submission of ITI certificate by the petitioner, can be made a ground to deny him benefit of 02 marks. 9. Reference at the very outset can be made to notification dated 07.08.2017 (P-1) wherein at page 19 of the paper book, the criteria has been given for giving marks to the candidates and it has been mentioned that 02 marks have to be awarded for having ITI or Polytechnic college certificate in any Technical Trade. This criteria does not lay down that the ITI certificate should be part of the service record. 10. Further now the department themselves had done the verification of ITI Welder certificate of the petitioner from ITI, Ambala City, Ambala vide letter dated 30.09.2020 and the same was found to be genuine, as intimated on 30.10.2020. 11. Learned State counsel has further informed the Court that the B-1 course was for four months and it started in August, 2020 and finished in December, 2020. 11. Learned State counsel has further informed the Court that the B-1 course was for four months and it started in August, 2020 and finished in December, 2020. However, oral request has been made by Director of Madhuban for extending the date up to 31 st January, 2021. 12. For all intents and purposes, the petitioner should have been awarded 02 marks for having ITI certificate and he should not have been denied 02 marks only on the ground that he had not submitted this certificate when he joined the department. Further it is nowhere mentioned in the notification dated 07.08.2017 that a candidate ought to have the certificate as part of his service record. When the respondents themselves have verified the genuineness of the certificate, they should have given marks to the petitioner. The copy of certificate is dated 18.04.2007 and the online B-1 test (62%) was held on 17.03.2019 and the result was declared on the same day i.e 17.03.2019. The petitioner gave his application dated 30.07.2020 to the respondent-department for submission of ITI certificate. 13. Keeping in view the notification dated 07.08.2017 and the fact that the petitioner was having ITI certificate before the online B-1 test was conducted on 17.03.2019, the respondents should have awarded 02 marks to the petitioner for having ITI certificate. 14. In view of the discussion made above, the present writ petition is allowed and direction is given to the respondents to include the name of the petitioner in the list of eligible candidate under 62% category of List B-1 2018 after awarding him 02 marks for ITI certificate and thereafter, immediately send him for B-1 course.