Facts
The petitioner, a Constable (Civil Police), applied for selection for training for promotion to Head Constable under a circular dated 22 January 2021. Clause 9(i) of the circular provided two marks for completing a course of three to seven days. The petitioner claimed he had completed a six-day CCTNS course but received no marks for it; he was awarded 234.5 marks, while the last selected candidate had 235.5 marks.
Source reference: para. 3–6The State had initially disputed the claim because the certificate was not in the petitioner’s service record and only a photocopy had been submitted.
Source reference: para. 4After the State verified, pursuant to the Court’s direction, that the petitioner had attended the course, he sought the additional marks and consequential promotion training.
Source reference: para. 3–6Issues
Whether the petitioner was entitled to two additional marks under the selection circular for completing the CCTNS course.
Source reference: para. 3, 6Whether the petitioner’s revised merit position entitled him to be sent for promotion training, and whether granting that relief required disturbing candidates already selected.
Source reference: para. 6–7Law Applied
Clause 9(i) of the circular dated 22 January 2021 entitled a candidate who completed a course lasting three to seven days to two marks.
Source reference: para. 3It applied the principle that, where a candidate has brought a qualifying course to the competent authority’s attention, the authority must verify the relevant record before finalising the merit list; an established omission in awarding marks should not prejudice the candidate.
Source reference: para. 6Reasoning
The State’s verification established that the petitioner had completed the six-day CCTNS course, bringing him within the circular’s three-to-seven-day category and entitling him to two marks.
Source reference: para. 5–6Adding those marks to his existing 234.5 gave him 236.5, above the last selected candidate’s 235.5.
Source reference: para. 6Because only 230 Constables had been declared successful against 394 advertised posts, the Court concluded that granting the petitioner relief would not require disturbing any existing selection.
Source reference: para. 7Holding
The Court allowed the petition and directed the respondents to award the petitioner two additional marks and revise his total to 236.5.
Respondent No. 4 was directed to arrange his training for promotion to Head Constable and take consequential action under the applicable rules, expeditiously.
Source reference: para. 8–9Implementation was not to require the reversion, cancellation, or disturbance of any candidate already selected merely because of the petitioner’s revised merit position.
Source reference: para. 8–9Original Court PDF
ANIL SINGHvsSTATE OF UTTARAKHAND
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