JUDGMENT
P.M. Chauhan, J.
1. Petitioners in Special Civil Application No. 3163 of 1989, Head Constables serving at different Police Stations under the Commissioner of Police, Ahmedabad City, Ahmedabad and the petitioner in Special Civil Application No. 3359 of 1989 Head Constable working at Railway Police Station, Viramgam, have challenged the order dated April 29, 1989 by the Commissioner of Police, Ahmedabad City and order dated April 29, 1989 by the Superintendent of Police, Western Railway, Baroda, passed under Rule 121 of the Gujarat Police Manual, directing them to join Unarmed Head Constables Refreshers Course at P.T.C. Junagadh, from May 1, 1989, mainly contending that under the provisions of Rule 121 of the Gujarat Police Manual the directions to attend the Unarmed Head Constables Refresher Course, cannot be passed without the request and the consent of the concerned Unarmed Head Constables who were previously sent for Refresher Course but could not complete it i.e., failed. According to the petitioners they are already promoted to the post of Head Constable and are working as Head Constables for some time and were sent for the Refresher Training Course at P.T.C. Junagadh but had failed. According to the petitioner in Special Civil Application No. 3359 of 1989, he was sent for such Refresher Course twice previously but could not complete the same successfully. The petitioners asserted that under the provisions of Sub-rule (3) of Rule 121, Gujarat Police Manual, the Head Constables who were sent for such Refresher Course previously but failed to complete the course successfully cannot be again directed to attend the Refresher Course without their request or consent and that they should have been heard before the order for attending the Refresher Course is passed. They also contended that it will cause financial loss of about Rs. 500/- per month. The petitioners have mostly asserted their right not to attend the course and obey the order on the strength of interpretation of Sub-rule (3) of Rule 121, Gujarat Police Manual.
2. In Special Civil Application No. 3163 of 1989 Mr. R. Benjamin, Deputy Commissioner of Police (Administration) Ahmedabad City, has filed the Affidavit-in-reply on behalf of the respondents, while in Special Civil Application No. 3359 of 1989 no Affidavit is filed on behalf of the respondents. Mr. Benjamin, in his Affidavit has relied on the provisions of Rule 121 Gujarat Police Manual and it has been contended that the object of the Refresher Course is to improve the administration and efficency of the Head Constables and therefore, the petitioners are directed to attend the Refresher Course and no financial loss would be caused to them.
3. Chapter III, Gujarat Police Manual, provides far the training There arc four training institutes for various cadres in the Police Department out of which one Police Training School is situated at Junagadh for training the various categories of Officer including the Probationary Deputy Superintendents of Police. Head Constables and Constables selected for a Refresher Course at the Head Constables Training Class (Usually as Head Constable Students). As provides in Rule 98, Gujarat Police Manual, the staff at the Police Training School Junagadh includes the Principal, Vice Principal, Law Instructors and other Officers and other staff as specified in that Rule. It is also apparent from the relevant provisions of the Gujarat Police Manual that the lectures may be delivered by the higher Police Officers and the leading citizens. Members of the Legislative Assembly. etc. and Model Police Station is established and that the Police Museum is also established at the Training School at Junagadh. As the petitioners have mostly relied on the provisions of Rule 121, Gujarat Police Manual, it is desirable to set out the relevant provisions of the said Rule:
121. Head Constables Training Class:
(1) Head Constables Training Class at the Police Training School, Junagadh is conducted with a view to providing a refresher course in order to improve generally the cadre of Head Constables and to equip them for the performance of duties of Police Station Officers. The selection for the class is made from quite Junior Head Constables and some seniour constables of about 10 years’ service who give promise of becoming good Head Constables.
(2)(a) The above course is a qualifying course for promotion of Constables to the rank of Head Constables. No Unarmed Police Constables will therefore be promoted to the post of an Unarmed Head Constable unless he has successfully undergone the Head Constables Training Course.
(b) Promotion to the unqualified Constables to the rank of Unarmed Head Constables may be given purely as a local and temporary arrangement on ad hoc basis, if qualified Constables are not available to fill up the existing vacancies. A specific mention in the order in such cases that the unqualified Constables are promoted as a local and temporary arrangement should be made and they will not have any claim of seniority on account of this fortutious promotion.
(3)(a) The Policemen who fail in the examination may be allowed to repeat the course, by the Commissioner of Police/Range Deputy Inspector General, after reviewing their cases taking into account the remarks obtained by such men from the Principal, Police Training School, the marks secured by them and the remarks in their Service Sheets.
(b) Policemen who secure less than 30% of the total will not be allowed to repeat the course.
(c) No one will be allowed to repeat the course without previous permission of the Commissioner of Police/Range Deputy Inspector General.
(4) The period of Training will be five months The syllabus tor the training will be as shown in Appendix VIII.
(5) A certificate will be granted to each student who passe;- the final examination of the Head Constables Training Course.
(6) Students, on completion of their training at the school will return to their respective Districts after which they will be put on executive duty (not on clerical or non-executive work) for at least two years.
The object and the purpose of the Head Constables training class as well set out in Sub-rule (1) of Rule 121, is to provide Refresher Course in order to improve generally the cadre of Head Constables and to equip them for the performance of duties of Police Station Officers. It is quite obvious that in all cadres such Refresher Course is necessary for the purpose of improving efficiency of the incumbents of the cadre and with a view to acquaint them with the latest development in the subjects with which they are concerned. In Appendix Vlll of the Gujarat Police Manual, syllabus for Unarmed Head Constable Training Class includes the class room work for law and procedure, practical work including crime prevention, crime investigation, etc. The instructions in the law and procedure to the Head Constables, the training for the crime prevention and crime investigation and other matters included in the syllabus for the training at the Refresher Course would certainly improve the efficiency of the Head Constables successfully completing the training course and will in turn improve the adminis-tration of the Police Department and ultimately the beneficiary would be the society. The objective for such training is to improve the efficiency of the individual Head Constable and ultimately the efficiency and working of the department and therefore, it is necessary that the Head Constables, who have to work as Police Station Officers, must successfully undergo such training at the Training Institute. Even if the individual Head Constable may not desire to undergo the training at such refresher training institute and even may be prepared to forgo his promotion and the right for further promotion, till he holds the post of the Head Constable, it is not only desirable but necessary for the efficient working of the Police Department and for the over all benefit to the society that such Head Constables should undergo the said training. The very objective of the training being as discussed above, it can never be left to the choice of the individual Head Constable. It is required to be mentioned that Mr. Oza, learned Advocate for the petitioners asserted that the petitioners are prepared to let go their right of promotion as Head Constables or future promotion. Mr. Oza has made this submission as Sub-rule (2) of Rule 121 Gujarat Police Manual provides that above course is a qualifying course for promotion of Constables to the rank of Head Constables and no Unarmed Police Constable would be promoted to the post of an Unarmed Head Constable unless he has successfully undergone the Head Constables Training Course. It appears that inspite of the fact that the petitioners have not successfully undergone the training course, they are promoted under Clause (b) of Sub-rule (2) of Rule 121, Gujarat Police Manual, which provides for the promotion of such unqualified Constable’s to the rank of Unarmed Head Constables purely on ad hoe basis, as a local and temporary arrangement, in case qualified Constables are not available to fill up the existing vacancies. It also provides that in the order of promotion of such unqualified Constables it should be specifically mentioned that they are promoted as a local and temporary arrangement and will have no claim of seniority on account of their fortutious promotion. Mr. Oza submits that whatever may be the consequences, the petitioners are not willing to join the said training and they will lace the consequences. As discussed above, the objective of training being increasing the efficiency of the individual, efficiency and working of the department and ultimately benefitting the society, it should not be left to the sweet will of the Head Constables who are already promoted to decide to join or not to join the Head Constables Training Class. Till they hold the post of Head Constable they are bound by said provision and should undergo the requisite training.
4. It is contended that as provided in Sub-rule (1) of Rule 121 Gujarat Police Manual selection for the class is required to be made from quite junior Head Constables and some senior Constables of about 10 years’ service who give promise of becoming good Head Constables and therefore, as many of the petitioners who are quite senior they should not be directed to join the course. Admittedly, all the petitioners were previously sent for such course and they did not successfully complete the same. That would mean that they require such Refresher Course for the improvement of the individual efficiency and for the efficiency of the Police Department and therefore, the fact that they are working as Head Constables for quite soms time is of no consequence. It is true that normally junior Head Constables may be selected but that does not necessarily mean that the Head Constables who have been working for some time, should not be sent for such Refresher Course for improving their efficiency and refreshing the knowledge of law, investigation of crimes etc. This observation is on the basis that the petitioners are holding the post of Head Constables for quite some time and they are senior Head Constables. The petitioners, except the petitioner in Spl. C.A. No. 3359 of 1989, have not produced any evidence on record to show as to since when they are working as Head Constables. The petitioner in Special Civil Application No. 3359 of 1989 was sent twice for training, in February 1979 and November 1988 but did not complete the course successfully. As the petitioners in Special Civil Application No. 3163 of 1989 have not established that they are senior Head Constables, the said contention should be repelled on that ground also.
5. The petitioners relying on the provisions of Sub-rule (3) of Rule 121, Gujarat Police Manual contended that they cannot be directed to attend the Refreshers Course without their consent. It is apparent from the reading of Clause (c) of Sub-rule (3) of Rule 121 that it simply provides that such repeaters should not be allowed to repeat the course without the previous permission of the Commissioner of Polite or the Range Deputy Inspector General, as the case may he Clause (a) of Sub-rule (3) of Rule 121. Gujarat Police Manual is an enabling provision enacted with a view to give chance to such policemen to repeat the cource so that they may not suffer in future in getting the promotion If they so desire, they may be allowed to repeat the course by the Commissioner of Police or the Range Deputy Inspector General, as the case may be. taking into account the remarks obtained by such policemen from the Principal, Police Training School, the marks secured by them and the remarks in their service sheet, as provided in Clause (a) of Sub-rule (3) of Rule 121, but as provided in Clause (c) of Sub-rule (3) of Rule 121 no such policemen will be allowed to repeat the course without previous permission of the Commissioner of Police or Range Deputy Inspector General, as the case may be. This enabling provision does not provide for the consent of such repeater Head Constable for undergoing the Refresher Course in case he is directed by competent authority to join class. The only intention is the previous permission of the Commissioner of Police or the Range Deputy Inspector General, as the case may be, if necessary. The competent authority therefore can direct such repeater Head Constable for repeating the course even without his consent or request.
6. The contention that the petitioners should be heard before they are directed to attend such course, requires to be mentioned only for the purpose of repelling it, as such training is the part of service conditions and incident of service and for such administrative order it is not necessary to hear the incumbent Head Constable. If any personal inconvenience is caused, the only remedy is to make representation to the competent authority, but it is not necessary for the competent authority to give chance of being heard before taking the decision or directing to attend such Refresher Course.
7. The contention that the petitioners would be put to financial loss is devoid of any merit as the petitioners will get their pay and usual allowances as per the Rules and will also get the T.A. for attending the course.
8. For all these reasons, both these petitions deserve to be rejected and are accordingly dismissed. Rule is discharged with costs in each of the petitions. Interim relief stands vacated accordingly.
Mr. Oza, learned Advocate for the petitioners states that the order passed by the authorities should be stayed for a week. For the reasons recorded in the judgment, the petitioners have no right not to join the Refreshers’ Course. The request by Mr. Oza rejected.