SANDEEP KUMAR SHARMA versus STATE OF PUNJAB AND ORS.

SANDEEP KUMAR SHARMA versus STATE OF PUNJAB AND ORS.

The Government's relaxation of minimum height requirement for recruitment to the post of Deputy Superintendent of Police, pursuant to its policy showing special consideration to relatives of those affected by terrorism, is valid under Rule 7(i)(iii) of Punjab Police Service Rules, 1959, and cannot be regarded as favouritism. The worthiness of policy recognition for services rendered by police personnel is not disputed, and the rule of relaxation must be pragmatically construed.

Parties
Appellant: Sandeep Kumar Sharma; Respondents 1 2: State of Punjab and Ors.; Respondent 3: Respondent No. 3
Jurisdiction
India
Judgment Date
24 February 1997
Procedural Posture
Civil Appeal / Appeal From Punjab & Haryana High Court Judgment Dated 3.9.96 in W.p. No. 367 of 1996
Outcome
Appeal allowed; High Court judgment set aside.
Legal Topics
Recruitment Rules, Relaxation of Physical Fitness Requirements, Policy Considerations for Families Affected by Terrorism
Service Law Recruitment Rules Relaxation of Physical Fitness Requirements Policy Considerations for Families Affected by Terrorism

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Parties

Sandeep Kumar Sharma

Appellant

State of Punjab and Ors.

Respondents 1 2

Respondent No. 3

Respondent 3

Procedural Posture

Civil Appeal / Appeal From Punjab & Haryana High Court Judgment Dated 3.9.96 in W.p. No. 367 of 1996

Legal Issues

  1. 1 Whether relaxation of minimum physical standards for recruitment, based on a policy for families affected by terrorism, is valid
  2. 2 Whether Rule 7(i)(iii) of Punjab Police Service Rules, 1959 permits individual relaxation with Government's special sanction

Ratio Decidendi

The Government's relaxation of minimum height requirement for recruitment to the post of Deputy Superintendent of Police, pursuant to its policy showing special consideration to relatives of those affected by terrorism, is valid under Rule 7(i)(iii) of Punjab Police Service Rules, 1959, and cannot be regarded as favouritism. The worthiness of policy recognition for services rendered by police personnel is not disputed, and the rule of relaxation must be pragmatically construed.

Court Disposition

Appeal allowed; High Court judgment set aside.

Orders

  • Appointment of appellant as Deputy Superintendent of Police restored