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High Court of Punjab and HaryanaRA-CW/50/2023disposed of

Kavrish Kumar Sharma v. State Of Haryana And Others

2025-11-21Mr. Justice Jagmohan Bansal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH **** RA-CW-50-2023 (O&M) in CWP-24788-2016 Date of Decision: 21.11.2025 KAVRISH KUMAR SHARMA ...Review Applicant Vs.

STATE OF HARYANA AND ORS.

...Respondents

CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Ms. Neeru Bansal, Advocate for the review applicant/petitioner Mr. Ravi Partap Singh, DAG Haryana *** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through instant review application is seeking review of order dated 05.09.2022.

2.

For the reasons set out in the application and with the consent of learned State counsel order dated 05.09.2022 is recalled and main case is heard and adjudicated on merits. 3.

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 24.08.2011 (Annexure P-8) and order dated 04.07.2016 (Annexure P-11) whereby he was denied benefit of promotion under 10% quota on the ground that he belongs to Haryana Police Band Staff and there are separate avenues for admission in list B-1 for Haryana Police Band Staff. 4.

Learned counsel for the petitioner vehemently submits that as per her instructions petitioner belongs to Haryana Armed Police (for DEEPAK BISSYAN 2025.11.21 17:02 I attest to the accuracy and integrity of this document

RA-CW-50-2023 -2short 'HAP'). He does not belong to Haryana Police Band Staff, thus, he was rightly granted benefit of 10% quota and promoted as Head Constable. He underwent Lower School Course and successfully completed the same. He at present is holding Substantive rank of Constable though exemptee rank of Sub Inspector. 5.

Learned State counsel submits that averments made by petitioner are incorrect to the extent that he belongs to HAP. He was wrongly granted benefit of 10% quota.

6.

The issue raised by parties is a purely disputed question of fact. The respondent has passed impugned order assuming that petitioner belongs to Haryana Police Band Staff whereas he is claiming that he belongs to HAP. There is need to decide the question whether petitioner belongs to HAP or Haryana Police Band Staff.

7.

In the light of above discussion, this court finds it appropriate to remand the matter to DGP to pass fresh order after deciding whether petitioner belongs to HAP or Haryana Police Band Staff. The petitioner shall be granted opportunity of hearing before passing final order. Let the needful be done within three months from today.

8.

Disposed of in above terms.

9.

Pending application(s), if any, stands disposed of. (JAGMOHAN BANSAL) JUDGE November 21, 2025 Deepak DPA Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DEEPAK BISSYAN 2025.11.21 17:02 I attest to the accuracy and integrity of this document