Jasvir Singh vs State of Punjab

Tejinder Singh Dhindsa, J.—This order shall dispose of CWP Nos. 15873, 16699, 16724 & 18084 of 2012 (O&M) as identical issue is involved in this bunch of petitions. The facts, however, are being noticed from CWP No. 15873 of 2012 for the sake of convenience. The petitioners are serving as Constables/Lady Constables in the Punjab Police. A Basic Proficiency Test for promotion of Constables to Head Constables was conducted on 15.7.2012 in which petitioners had participated.

These petitions have been filed impugning the action of the respondent-authorities in passing order dated 13.8.2012 (Annexure P-2) and 14.8.2012 (Annexure P-3), whereby the Basic Proficiency Test conducted on 15.7.2012 stands scrapped and such test has been directed to be re-held on 20.8.2012.

Learned counsel appearing for the petitioners would question the decision of scrapping of the Basic Proficiency Test held on 15.7.2012 on the ground that the aforesaid test was held in every district, supervised by a Three Member Committee including the S.S.P. of the concerned district and one officer of the rank of S.P. from some other district as also one officer of the rank of Dy. S.P. belonging to the S.C. Category again from some other district. It is contended that the test had been conducted in a free, fair and impartial manner and as such, without affording to the petitioners any opportunity of hearing and without assigning any reasons such test could not have been scrapped. It has also been argued that the impugned action of scrapping of the test is based upon wild allegations and hear say as regards certain malpractices having been resorted to during the conduct of the Basic Proficiency Test that was held on 15.7.2012. Learned senior counsel appearing for the petitioners would contend that based on such vague reasoning a test cannot be scrapped to the prejudice and detriment of the petitioners.

Upon notice of motion having been issued, a joint reply on behalf of respondents No. 1 to 4 has been filed. Reliance has been placed upon proceedings of a meeting held on 20.7.2012 held by a Committee of four high ranking officials and the report in regard thereto stands appended as Annexure R-1 along with the written statement. Learned State counsel would submit that 283 seats had been allotted for the Basic Proficiency Test, 2012 for all districts. The Committee had come to a conclusion that in relation to certain districts undue high marks had been awarded as a result of which the final result had been substantially skewed. That part, even though, the timings of the Basic Proficiency Test had been fixed to be held from 10.00 A.M. to 12.00 noon across all districts, yet, it had been found that the test had been held at varying times. Accordingly, a decision has been taken for re-conduct of the test.

During the course of hearing, this Court on 4.10.2013 had directed the State counsel to produce the original records/material which had weighed with the Committee in its proceedings on 20.7.2012 in which the test held on 15.7.2012 had been scrapped. In compliance of the order dated 4.10.2013 the original records were produced on 30.10.2013 and the same were perused by this Court with the able assistance of learned State counsel.

Perusal of the original records would reveal that instructions had been issued to the Sub Committees regarding the test that was to be held on 15.7.2012 in clear terms. Total time of the test was to be 2 hours and was to be held from 10.00 A.M. to 12.00 noon. However, it is noticed that in Districts Gurdaspur and Pathankot the paper commenced at 12.00 noon, Faridkot at 12.30 P.M. Ferozepur at 11.00 A.M. Amritsar Rural at 11.50 A.M. Commissionerate, Jalandhar at 11.30 A.M. and Fazilka at 11.15 A.M. As such, the requirement and sanctity of conducting the common paper simultaneously across all the Police Districts/Commissionerates stood violated.

That apart, the marks secured by candidates pertaining to a few districts were exceptionally high. The records would reveal that the marking was at such variance that as against the 27 different districts/Commissionerates in which the test was held on 15.7.2012 four districts i.e. Sri Muktsar Sahib, Commissionerate Amritsar, Bathinda and Patiala had garnered 56.88% seats out of the total 283 seats allotted for the Basic Proficiency Course, 2012. On the other hand, 15 districts i.e. Ferozepur, Tarn Taran, Khanna, Rup Nagar, S.A.S. Nagar, S.B.S. Nagar, Fazilka, Sangrur, Batala, Fatehgarh Sahib, Ludhiana Rural, Barnala, Hoshiarpur, Kapurthala and Jalandhar Rural could only secure 15% seats collectively out of the total 283 seats.

The original records corroborates the view and stand taken by the Committee as reflected at Annexure R-1 along with the written statement that the result of the Basic Proficiency Test held on 15.7.2012 was highly skewed. Further the instructions as regards holding of the common test at fixed timings i.e. from 10.00 A.M. to 12.00 noon had also been violated. Accordingly, no ground to interfere with the decision as: regards scrapping of the Basic Proficiency Test held on 15.7.2012 is made out. It would be pertinent to note that the re-test already stands conducted on 20.8.2012 in which a number of petitioners have themselves appeared and some of them have even successfully negotiated the same. In an overview of the matter no ground for interference is made out and the petitions are, accordingly, dismissed. Petitions dismissed.