Punjab-Haryana High Court
Sanjay vs State Of Haryana And Ors on 9 October, 2014
Author: Deepak Sibal
Bench: Satish Kumar Mittal, Deepak Sibal
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Civil Writ Petition No. 20872 of 2014
Date of Decision : October 09, 2014
Sanjay .... Petitioner
Vs.
State of Haryana and others .... Respondents
CORAM : HON'BLE MR. JUSTICE SATISH KUMAR MITTAL.
HON'BLE MR. JUSTICE DEEPAK SIBAL.
* * *
Present : Mr. Mukesh Kumar Verma, Advocate
for the petitioner.
* * *
DEEPAK SIBAL, J. :
Through the present petition, the petitioner, who is an aspirant for appointment as a Male Constable (General Duty) in the Haryana Police, challenges sub-rule 16 of Rule 12.16 of the Punjab Police Rules, 1934 (hereinafter referred to as `the Rules') on the ground that it prescribes 15 marks for interview, out of a total of 35 marks, the remaining 20 marks being for Physical Efficiency Test. According to the petitioner, the percentage of marks being 43% of the total, renders the impugned Rule ultra vires and violative of Articles 14 and 16 of the Constitution of India. MONIKA 2014.10.14 16:53 I attest to the accuracy and integrity of this document 2 The petitioner says that the impugned Rule gives wide discretion to the respondents which would result in nepotism, favourtism, corrupt practices etc. during selection of Police Constables. According to the petitioner, there being 20 marks kept for Physical Efficiency Test, only 03 marks should be kept for interview and only if this is done, then the marks kept for interview would be within the permissible limit, as held by the Apex Court in the case of Ajay Hasia etc. vs. Khalid Mujib Sehravardi and others reported as AIR 1981 SC 487 and Ashok Kumar Yadav vs. State of Haryana reported as AIR 1987 SC 454. The other ground raised by the petitioner is that the process of recruitment of Constables by keeping 43% marks for interview is not transparent and goes against the recommendations of the Ministry of Home Affairs.
The case set up by the petitioner, at first blush, appears to be attractive but does not stand closer scrutiny. A perusal of the advertisement issued by the Haryana Police Recruitment Board for recruitment of male/female Constables (General Duty) in the Haryana Police gives out the following eligibility :-
"4. Eligibility :-
a) Nationality : As per PPR 12.14(1)
b) Domicile : As per PPR 12.14(1)
c) Educational Qualification : The minimum
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educational qualification for a candidate to be eligible for selection as constable shall be 10+2 for all categories.
d) Character Certificate : Candidates are required to be produce a certificate of character from the Principal Academic Officer of the University, College, School or Institution last attended.
e) Age limits :- a) Lower - 18 years.
b) Upper - 25 years.
c) For the candidate belonging to the Scheduled Caste and Backward Class categories relaxation of upper age limit of 5 years shall be given as per Punjab Police Rules 12.15 (1).
(Exact date on which the date is to be determined is 01.10.2013).
f) Physical Standard :
For Male Constables :-
(i) Height - Minimum 5'-7'' MONIKA 2014.10.14 16:53 I attest to the accuracy and integrity of this document 4
(ii) Chest - Un-expanded - Minimum 33'' Expanded - Minimum 34½'' (Minimum expansion of one and half inch) (Note - Relaxation in Physical Standard to the extent of one inch in height and one inch in chest will be available to candidates belonging to Scheduled caste and backward Class categories as per PPR 12.15(2)).
[Emphasis by us] For Female Constables :-
Height - Minimum 5'-2''.
(Note - Relaxation in Physical Standard to the extent of one inch in height will be available to candidates belonging to Scheduled caste and backward Class categories as per PPR 12.15(2))." The other relevant clauses of the advertisement are clauses 9 and 10, which are also reproduced below for ready reference :-
"9. Selection Procedure :-
Selection shall be made in accordance with the provisions in Punjab Police Rules 12.14 to 12.19. After due scrutiny of MONIKA 2014.10.14 16:53 I attest to the accuracy and integrity of this document 5 application forms, candidates found eligible shall be informed online regarding the place, date and time of their Physical Measurement :-
(a) PHYSICAL MEASUREMENT :
Candidates who are found eligible on screening of applications will be screened for height and chest measurements. Only those candidates will be allowed to participate in Physical Efficiency Test who possesses required measurements.
[Emphasis by us]
(b) PHYSICAL EFFICIENCY TEST :
Candidates found eligible on the basis of physical measurements shall undergo Physical Efficiency Test (PET) of total 20 marks. Candidates shall be tested for following capacities as per PPR 12.16 (14) :
For Male Constable :
For General, SC, BC, SBC and EBP (GC) Categories Event Time taken/distance Marks Obtained (A) Race of 100 meters Less than or equal to 13.5 seconds 5 MONIKA 2014.10.14 16:53 I attest to the accuracy and integrity of this document 6 For General, SC, BC, SBC and EBP (GC) Categories
- do - Less than or equal to 14.5 seconds but more 3 than 13.5 seconds - do - More than 14.5 seconds 0 (B) Race of 800 meters Less than or equal to 2 minutes 30 seconds 5
- do - 2 minutes 50 seconds or less, but more than 2 3 minutes 30 seconds - do - More than 2 minutes 50 seconds 0 (C) Long jump 15 feet or more than 15 feet 5
- do - 13 feet or more than 13 feet but less than 15 3 feet - do - Less than 13 feet 0 (D) High jump 4 feet or more than 4 feet 5 - do - 3 feet 6 inches or more but less than 4 feet 3 - do - Less than 3 feet 6 inches 0 (Note : The qualifying marks in the physical efficiency test shall be 15 and candidate securing a total of less than 15 marks in these tests shall be deemed to have failed the physical efficiency and will be eliminated from the further process of recruitment) [Emphasis by us] For Female Constable :
For General, SC, BC, SBC and EBP (GC) Categories Event Time taken/distance Marks Obtained (A) Race of 200 meters Less than or equal to 35 seconds 5 - do - Less than or equal to 40 seconds but more 3 than 35 seconds - do - More than 40 seconds 0 (B) Short Put (4 KG 6 Meters or more but less 6 meters 5 weight) - do - 5 Meters or more but less 5 meters 3 - do - Less than 5 meters 0 (C) Long jump 11 feet and 3 inches or more than that 5
- do - 10 feet or more than 10 feet but less than 11 3 feet and 3 inches - do - Less than 10 feet 0 (D) High jump 3 feet and 6 inches or more 5
- do - 3 feet 3 inches or more than that but less than 3 3 feet 6 inches - do - Less than 3 feet 3 inches 0 MONIKA 2014.10.14 16:53 I attest to the accuracy and integrity of this document 7 (Note : The qualifying marks in the physical efficiency test shall be 12 and candidate securing a total of less than 12 marks in these tests shall be deemed to have failed the physical efficiency and will be eliminated from the further process of recruitment)
(c) INTERVIEW :
The candidates for the post of Male Constable securing qualifying marks (15) and for the post of Female Constable securing qualifying marks (12) respectively in Physical Efficiency Test (PET) will be called for interview. [Emphasis by us]
10. General :-
(a) A candidate against whom a criminal case stands registered and is under investigation or pending trial or who has been convicted by a Court of Law need not apply.
(b) Person less in height & chest measurement and with any physical deficiency need not apply. [Emphasis by us]
(c) Merit list will be drawn on the basis of aggregate marks obtained by the candidate in PET and Interview.
(d) Final selection of candidates shall be made in order of merit of each category. MONIKA 2014.10.14 16:53 I attest to the accuracy and integrity of this document 8
(e) Candidates will have to appear for selection at their own expense. No TA/DA will be admissible. They should also make their own arrangements for stay during the selection.
(f) Candidate shall be appearing for the PET at their own risk. The Govt. shall not be responsible for any loss or injury caused during the test.
(g) The Haryana Police Recruitment Board has full right to make changes and constitute additional District Level Police Recruitment Committees for Physical Measurement and Physical Efficiency Test or cancel or postpone the recruitment on administrative grounds or in the public interest.
(h) Candidates canvassing in any form will be disqualified from appearing in the test or for final selection.
(i) Detailed instruction for filling the online application form and deposition of fee MONIKA 2014.10.14 16:53 I attest to the accuracy and integrity of this document 9 are available on the website www.hprbonline.com Or www.hprbonline.in for any guidance/information/clarification regarding online filling of the form the applicant can call at helpline No. 0172-
2560464 on all working days from 9:00 AM to 5:00 PM."
After reference to the above quoted clauses of the advertisement, at this stage, it would be appropriate to refer to the impugned Rule i.e. sub-rule 16 of Rule 12.16. The same is reproduced below :-
"(16) All the candidates who are declared qualified in the physical efficiency tests shall be interviewed by the Selection Board to judge their suitability for a police job. The maximum marks for interview/personality test shall be 15 only.
The marks secured in the interview by the candidates shall also be entered in the Physical Efficiency Test Register."
The above quoted clauses of the advertisement as also the provisions of the Rule clearly bring out that at the first stage of the selection process, there are minimum physical standards laid down for selection. These include a minimum height qualification as also a minimum chest size MONIKA 2014.10.14 16:53 I attest to the accuracy and integrity of this document 10
- both expanded and unexpanded. Only if a candidate has the minimum height and chest, can he even apply for the post in question. In fact, any candidate, who is not meeting the physical standards, is not even informed about the date and time of the selection process to follow. This is clear from clauses 9 (a) and 10 (b) of the advertisement which are as follows :-
"9(a) PHYSICAL MEASUREMENT :
Candidates who are found eligible on screening of applications will be screened for height and chest measurements. Only those candidates will be allowed to participate in Physical Efficiency Test who possesses required measurements. 10(b) Person less in height & chest measurement and with any physical deficiency need not apply. [Emphasis by us]"
Only after a candidate is found meeting the prescribed minimum physical standards, he is put to an exhaustive Physical Efficiency Test. The Physical Efficiency Test comprises of a total of 20 marks and is divided into several sub-headings. In this test, a candidate's physical fitness is judged on different counts. The physical test carries the same marks for all categories including Scheduled Castes and Backward Class categories etc. This shows that irrespective of caste or creed, the Physical Efficiency MONIKA 2014.10.14 16:53 I attest to the accuracy and integrity of this document 11 Test would have to be passed by one and all. The import of the same can be judged from the fact that there is no relaxation for any category whatsoever. The division of the total of 20 marks in the Physical Efficiency Test leaves no room for any discretion at the hands of any Authority whatsoever.
The Note attached to clause 9 (b) as reproduced earlier, clearly provides that only if a candidate has secured at least 15 out of the total of 20 marks, would he be eligible for further process of recruitment. This further shows the rightful importance attached to the Physical Efficiency Test.
From the above, it is clear that only those candidates, who have qualified the Physical Efficiency Test by securing at least 15 out of the total of 20 marks would be even eligible to be considered for the further process of recruitment i.e. interview. The interview carries 15 marks. Before a person can be selected and appointed as suitable in the Police Force, it is imperitive that the suitability of such a candidate be judged through the process of interview. A member of the Police Force has a very important role to play in the lives of the public at large. He is the custodian of public safety and upholder of law and order. He has also to play a vital role in the fight against crime. It is thus extremely important to judge such a person's mental ability, his reaction to certain situations, as also his state of mind in general. It also requires to be judged how analytical his mind is in given situation. A hot-headed or erratic person to be inducted as a member of the Police Force would be chaotic. Police personnel would invariably carry MONIKA 2014.10.14 16:53 I attest to the accuracy and integrity of this document 12 arms and thus, it is of great importance to judge the suitability of a person before he is inducted as a member of the Police Force and the same can be done only by experts in the field during interview.
Further, as observed above, only such candidates, who meet the prescribed minimum physical standards and have further secured at least 15 out of a total marks of 20 in Physical Efficiency Test (i.e. 75% of the total marks), are even eligible for interview. Thus, the candidates who are interviewed, are only those who have secured marks between 15 to 20 in the Physical Efficiency Test. This being the position, the discretion at the hands of Authorities during the interview is minimal i.e. only 05 marks.
The petitioner suggests that there should be only 03 marks kept for interview. In this regard, the portion of the writ petition, where such a suggestion is made by the petitioner, is reproduced below :-
"Provisions of keeping 43% (15 marks of total 35) for interview in present selection process is not legal as per law upheld by Hon'ble Apex Court of India. As per law upheld by Hon'ble Apex Court, interview marks can be maximum 3 marks in present case. Since 20 marks are kept for efficiency test, hence, 3 marks of total 23 marks will give 13% marks for interview. However as recommended and advised by Union MONIKA 2014.10.14 16:53 I attest to the accuracy and integrity of this document 13 of India no interview shall be held for recruitment of police constables and TRP shall be followed for selection of constables."
The above suggestion by the petitioner is to be considered only to be rejected. It is absurd to keep 03 marks for interview, especially when the interview in the case in hand carries great importance. Keeping 03 marks for interview, as suggested by the petitioner, would be farcical. On the other hand, 15 marks, which are kept for interview, do not confer discretion at the hands of the selecting Authorities, which could be termed as arbitrary. As observed earlier, candidates, who have secured at least 15 marks out of the total of 20 marks in the Physical Efficiency Test, are eligible for interview. That would mean that all the candidates, who come for interview, would have between 15 to 20 marks. Thus, the discretion at the hands of the selecting Authorities is only 05 marks, which is minimal. Even otherwise, only the best are called for interview and irrespective of who would be selected, the selection would be only out of the best.
Reliance of the petitioner on the cases of Ajay Hasia (supra) and Ashok Kumar Yadav (supra) is misconceived. The facts in both those cases are distinct when compared to the facts of the case in hand. In those cases, there were no checks and balances there like in this case i.e. no minimum physical standards and no minimum marks for passing the Physical Efficiency Test. Further, there is no written test prescribed in the MONIKA 2014.10.14 16:53 I attest to the accuracy and integrity of this document 14 case in hand. Still further, in the case in hand, the discretion during interview with the selecting Authorities is only 05 marks.
In fact, the issue raised by the petitioner has been raised before a Division Bench of this Court earlier and rejected. In the case of Jagpal Singh vs. State of Haryana reported as 1999 (3) S.C.T. 289, this very issue was raised and considered. Like in this case, Rule 12.16 of the Rules was challenged on the same grounds that allocation of 15 marks for interview out of a total of 35 marks was ultra vires under Articles 14 and 16 of the Constitution of India. After considering the entire law on the subject, the Division Bench dismissed the writ petition by holding as under :-
"10. A conjoint reading of the rules reproduced above shows that the selection for appointment to the post of Police Constables is to be made from among the eligible candidates by assessing their performance in physical efficiency test and interview/personality test. The marks secured by the candidates in the physical efficiency test and interview are to be added for the purpose of determination of their relative merit. The maximum marks fixed for physical efficiency test are 20 as against 15 maximum marks allocated for interview/personality test. MONIKA 2014.10.14 16:53 I attest to the accuracy and integrity of this document 15 Though, these rules are silent about the criteria to be adopted for the purpose of judging the performance of the candidates in the interview/personality test, in the context of the service required to be performed by Constables, we find it reasonable to accept the statement made by the official respondents in para 10 of the written statement that the selection of Constables is not made only on the basis of physical performance but their aptitude, mental ability and other psychological factors having bearing on their suitability for the Police job.
11. We are also of the view that the State is empowered to lay down appropriate criteria for selection for the purpose of recruitment to the various categories of posts in different departments. The members of the police force constitute a special class. The degree of involvement of members of the force in activities directly related to the people is much more greater than the members of other civil services. The common man depends upon the police in a big MONIKA 2014.10.14 16:53 I attest to the accuracy and integrity of this document 16 way for protection of his life, liberty and property. The police personnel are required to discharge multifarious duties including prevention and investigation of crimes, prosecution of persons accused of various offences, maintenance of law and order. These and other duties make the job of police extremely important to the society. Simultaneously, members of the force become extremely vulnerable to pressure from various quarters. Therefore, we do not find anything inherently wrong in the Government's decision to give due weightage and importance to the factors like aptitude for job, mental alertness and balanced temperament while assessing the performance of the candidates for recruitment as Constables. We are also of the considered opinion that the allocation of 15 marks for assessing the personality of the candidates with reference to the various relevant factors is neither excessive nor arbitrary or capricious warranting declaration that the impugned rule is unconstitutional. The ratio of the decisions of the Supreme Court in MONIKA 2014.10.14 16:53 I attest to the accuracy and integrity of this document 17 Ashok Kumar Yadav's case (supra); Mohinder Sain Garg's case (supra) and Ajay Hasia's case (supra) cannot be invoked in a case like the present one for striking down Rule 12.16(16). In Anzar Ahmad v. State of Bihar and others, 1994 (1) SCT 483 (SC) : AIR 1994 SC 141 : 1994(1) SCC 150, a two Judges Bench of the Supreme Court reviewed a number of judicial precedents on the subject and held that the principles laid down in Ashok Kumar Yadav's case (supra) etc. cannot be applied to the cases in which the recruitment is made on the basis of viva voce only. Some of the observations in Anzar Ahmad's case (supra) are extracted below :-
""These observations would indicate that the matter of weight to be attached to interview and the allocation of marks for interview vis-a-vis marks for written examination can arise when written examination as well as viva voce test are both accepted as essential features of proper selection and there also no hard and fast rule regarding the precise MONIKA 2014.10.14 16:53 I attest to the accuracy and integrity of this document 18 weight to be given to the viva voce test as against written examination, can be laid down and the said weight must vary from service to service according to the requirement of the service. The question of weight to be attached to viva voce would not arise where the selection is to be made on the basis of interview only."
12. The ratio of the decision in Anzar Ahmad's case (supra) has been applied in Subhash Chander Verma v. State of Bihar, 1995 (2) SCT 389 (SC): AIR 1995 SC 904 and Harjinder Singh Sodhi v. State of Punjab and others, 1997(1) SCT 385 (SC) :.1T 1996(9) SC 443, in which the allocation of 50% marks for selection for direct recruitment has been upheld.
13. On the basis of above discussion, we hold that the allocation of 15 marks for interview/personality test does not suffer from the vice of arbitrariness or discrimination and Rule 12.16(16) cannot be struck down on the ground of violation of Articles 14 and 16 of the MONIKA 2014.10.14 16:53 I attest to the accuracy and integrity of this document 19 Constitution."
The above judgment squarely covers the case of the petitioner against him. We find no reason to differ with the same and are rather in full agreement with it.
The reliance of the petitioner on the guidelines issued by the Ministry of Home Affairs, Government of India is equally misplaced. In the facts of the case, as observed above, the process for selection of Constables is absolutely transparent and so far as the interview is concerned, the process gives minimal permissible discretion at the hands of selecting Authorities.
No other point was raised.
In view of above, we find no merit in the writ petition and accordingly, the same is dismissed with no order as to costs.
( SATISH KUMAR MITTAL ) ( DEEPAK SIBAL )
JUDGE JUDGE
October 09, 2014
monika
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