The Punjab and Haryana high court on Friday directed the Haryana government to consider eligible sports quota deputy superintendents of police for appointment as the Indian Police Services (IPS) officers.
The high court bench of justice MSR Rao and justice Sukhvinder Kaur passed the directions on the pleas pending since 2017 about a dispute over seniority between those DSPs, who were appointed from sports quota between 2007 and 2010 and those who came from the general category and were appointed in 2011.
“There shall be an interim direction to the respondents to consider such petitioners, who fall within the zone of consideration, for the purpose of appointment to vacancies to the Haryana cadre of IPS for the select list for 2020 to 2022 as the case may be,” the bench ordered posting the matter for further hearing in August this year. On both the sides, there are a dozen officers, including from sports quota Mamta Kharab, Sardar Singh and Ramesh Kumar Gulia, among others. On the other side, there are DSPs such as Ashish Chaudhary and others.
Those from sports quota claimed the method of computation of seniority should not be dependent on the date of completion of the period of probation as prescribed in rules as it would be impossible for them to comply because while simultaneously undergoing training and participating in the sporting events, it would be impossible for them to complete probation within the period prescribed of two years. In these circumstances, the respondents ought not to apply these rules for counting their seniority, and give benefit to direct recruitee, they had argued.
{{/usCountry}}Those from sports quota claimed the method of computation of seniority should not be dependent on the date of completion of the period of probation as prescribed in rules as it would be impossible for them to comply because while simultaneously undergoing training and participating in the sporting events, it would be impossible for them to complete probation within the period prescribed of two years. In these circumstances, the respondents ought not to apply these rules for counting their seniority, and give benefit to direct recruitee, they had argued.
{{/usCountry}}On the other hand, those coming from general category had refuted these contentions and contend that as long as the rules stand, it is not possible to accept the contentions of the sports quota DSPs.
“We are of the opinion that in the facts and circumstances of the case and having regard to the undisputed fact that the petitioners had to participate in tournaments within and outside the country, and had also to spend time training for the same, to expect them to complete the probation within the two years’ period from the date of their appointment, would be a travesty of justice,” the bench observed, adding that the situation is clearly covered by maxim “lex non cogit ad impossiblia”, meaning that “the law does not compel a man to do which he cannot perform”. It is a settled principle of law by virtue of several pronouncements of the apex court, the bench added further directing that eligible DSPs with sports background be considered for appointment as IPS officers for the select list for 2020 to 2022.