CT Baldev Ram vs State Of Haryana And Ors

Jagmohan Bansal, J

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of letter dated 13.02.2026 whereby he has been excluded from the lower school course test i.e. B-I on account of currency of punishment of 6 annual increment with permanent effect awarded vide order dated 11.09.2025.

The petitioner joined Haryana Police Force as Constable on 26.06.2017. He was implicated in FIR 0278 dated 07.09.2024 under section 13 and 7 of Prevention of Corruption Act, 1988 read with section 308(2) and 61 of BNS. The Departmental authority initiated disciplinary proceedings against him and vide order dated 11.09.2025 punishment of forfeiture of six annual increments with permanent effect was awarded. He preferred appeal against punishment order which came to be dismissed vide order dated 28.10.2025. He filed revision petition which is pending for adjudication. DGP, Haryana has issued letter dated 06.02.2026 to depute eligible personnel for Lower School Course (B-I Online Test) which is scheduled to be conducted on 28.02.2026. Name of petitioner is excluded from the list of eligible candidates.

Learned State counsel submits that submits that as per proviso to Rule 13.7 (1) Punjab Police Rules, 1934 (as applicable to State of Haryana) (in short ‘PPR’) the petitioner cannot be permitted to participate in B-I test as he is undergoing currency of punishment.

Heard the arguments and perused the record.

A Full Bench of this Court in ‘Head Constable Sardul Singh v. Inspector General of Police, Punjab and others’, 1970 SCC OnLine P&H 158 has clearly held that selection for Intermediate School Course does not form part of the process of promotion from post of Head Constable to Assistant Sub-Inspector. It merely makes a Head Constable eligible for promotion. No Head Constable can be deprived from Intermediate School Course if he is otherwise eligible. A Division Bench of this Court in ‘State of Punjab and others v. Kirpal Singh and others’, AIR 1970 P&H 395 set aside instructions issued by Director General of Police, Punjab with respect to Intermediate School Course.

The petitioner is not claiming that his name should be entered in List B whereas he is claiming that he should be permitted to participate in B-1 test. If he is not permitted at this stage, he would be overage and in future will become ineligible.

In the wake of afore-cited judgments, this Court is of the considered opinion that proviso to Rule 13.7 (1) of PPR is inapplicable to the petitioner and he should be permitted to participate in B-I test. Ordered accordingly.

Pending application(s), if any, stands disposed of.