2024 PLC(CS) 626 HIGH-COURT-AZAD-KASHMIR

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MUHAMMAD RAFIQUE VS INSPECTOR GENERAL OF POLICE, AZAD JAMMU AND KASHMIR POLICE DEPARTMENT, HAVING HIS OFFICE AT NEW SECRETARIAT CHATTER, MUZAFFARABAD Chapt. 13, R. 13.7, List B---Promotions---Admission to courses at Police Training College---Selection of candidates---Age of the candidates---Petitioners (ten constables/successful candidates in the list "A1") invoked writ jurisdiction of the High Court for enlisting their names in the list "B1" exams of Lower School Course---Validity---Although R. 13.7 of the Police Rules, 1934, elucidates the selection of candidates (for admission to courses at Police Training College) that no constables shall be considered eligible for the relevant course until the entry of his name on list "B" has been approved by the Deputy Inspector General of the Range, yet in the present case, the petitioners had been in litigation for more than a decade before Department / Authorities and the High Court---Thus, most of the petitioners might have crossed the age as required for the purpose during the period when their matter had been subjudice before the concerned Authorities---It is settled principal of law that the employees who are transferred or absorbed from one unit to another will remain below the employees already serving on the department subject to condition that if the seniority lists of employees of both units have separately been prepared in their respective scales and if the police constables from Reserve Force already qualified the exams of list "B", they will be placed at bottom of list "B" prepared for the concerned district---Admittedly, the period for conducting exams of the petitioners pertaining to "B1" had already expired / elapsed on the part of respondents, hence, keeping in view further hardship of the petitioners, High Court concluded that the requisite procedure for entering the names of the petitioners in list "B" shall be completed by the official respondents within short span of period without considering the age limit as they (petitioners) can not be penalized for the fault of authority, if they otherwise fulfill the required qualification---High Court, while granting alternative relief sought by the petitioners, directed the official respondents to conduct the exams of the petitioners for entering their names in list "B" within two moths by relaxing age barrier---Writ petition filed by the constables was partly allowed.

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