Himachal Pradesh High Court stays police promotional exam for third time

The Himachal Pradesh High Court has stayed the B-I promotional exam for police constables, scheduled for November 9. Citing a seven-year gap since the last test, the court found it would unfairly disadvantage older, eligible personnel.

The Himachal Pradesh High Court on Friday granted an interim stay on the conduct of the B-I examination for police personnel, which was scheduled for November 9. Acting on a petition filed by Ashwani Kumar and others (CWP No. 2740 of 2020), a single bench of Justice Jyotsna Rewal Dua restrained the state police department from proceeding with the test until further orders.

Following the court's directive, the Himachal Pradesh Police has once again cancelled the B-I test--an internal promotional exam mandatory for the promotion of Constables to Head Constables. This is the third cancellation of the test, which was earlier scheduled for September 21 and October 26 but could not be held due to administrative and technical reasons.

Court Cites 'Irreparable Loss' to Senior Personnel

In her interim order, Justice Dua observed that "the petitioners have, prima facie, been able to establish that irreparable loss and injury shall be caused to them in case respondents are allowed to proceed with the B-I test, which is now scheduled after a gap of seven years." The court noted that holding the examination after such a long interval would place older, eligible police personnel--who have been serving continuously on 24x7 duties--at a disadvantage compared to newer recruits more familiar with the syllabus. The judge remarked that "the petitioners' contention appears justified that the test being held after seven years will disfavour those who were eligible earlier and now have to compete with fresh entrants."

Petitioners' Arguments Against the Test

The petitioners argued that the B-I test, which should be held annually as per departmental norms, has been conducted only about five or six times in the last two decades, with the last examination taking place in 2017. They also cited recommendations from a 2013 committee that had suggested abolishing the test altogether and promoting personnel to Head Constable based on seniority after the Lower Class Course to prevent stagnation.

It was further submitted that around 60% of promotions to the post of Head Constable are made from those who clear the B-I test, 30% on the basis of seniority, and 10% from among those showing exceptional performance or bravery. Petitioners contended that many constables retire without a single promotion due to the bottleneck created by the test.

State's Defense and Final Ruling

The Additional Advocate General, appearing for the state, maintained that as per existing standing orders and rules, promotion from Constable to Head Constable can only be granted upon passing the B-I test. Justice Dua, however, observed that "the contention of providing promotional avenues to the post of Head Constable disregarding the B-I test, in view of the material highlighted, cannot be brushed aside at this stage." The court said the relevance and necessity of the B-I test for promotions needed deeper deliberation and thus stayed the examination till the next hearing.

The High Court has directed the respondents to file their reply within ten days. The matter will now be taken up on November 19.

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