1 week ago
High Court Sets Aside Chandigarh Police Promotion Rules
The Chandigarh Police had changed how constables could become Head Constables.
The change used three routes: seniority, a written B-1 Test, and sporting achievement.
Some constables argued that the Chandigarh Administration did not have the legal power to make this change.
The Punjab and Haryana High Court agreed and cancelled the 2021 notification.
The court said Chandigarh was using the wrong police law when it made the change.
It also said the proper approval process under the newer Punjab Police Act had not been followed.
Forty-two people who passed the B-1 Test will not have to take it again if another test is introduced.
If promotions are instead based on seniority, those candidates will still be considered according to their seniority.
The administration must give affected employees notice before changing promotions already granted.
The Punjab and Haryana High Court set aside Chandigarh’s 2021 amendment to police promotion rules.
The court held that the Chandigarh Administration improperly relied on the Police Act, 1861.
Chandigarh had adopted the Punjab Police Act, 2007, under a 2010 Ministry of Home Affairs notification.
The amendment divided promotions into 70% seniority-cum-merit, 25% B-1 Test, and 5% sportsperson quotas.
The court protected 42 candidates who cleared the B-1 Test and required notice before any changes to existing promotions.
- Who
- Constables and Head Constable promotion candidates in Chandigarh Police; the Chandigarh Administration; and the Punjab and Haryana High Court.
- What
- The High Court set aside the June 18, 2021 amendment to Rule 13.7 of the Punjab Police Rules, 1934.
- Where
- Chandigarh, before the Punjab and Haryana High Court and the Central Administrative Tribunal’s Chandigarh Bench.
- When
- The High Court issued its order on August 11, 2026; the challenged notification was issued on June 18, 2021.
- Why
- The court held that the 1861 Police Act was no longer applicable in Chandigarh and that the legally required procedure and approval for amending the rules had not been followed.
Petitioners and High Court
Chandigarh Administration and Tribunal Ruling
Legal authority for the amendment
Petitioners and High Court
The petitioners argued, and the High Court held, that the Chandigarh Administration could not rely on Section 46 of the Police Act, 1861 because that Act was no longer applicable in Chandigarh.
Chandigarh Administration and Tribunal Ruling
The Chandigarh Administration issued the notification under the 1861 Act, and the Central Administrative Tribunal upheld that action before the High Court overturned it.
Required approval procedure
Petitioners and High Court
The High Court said the amendment should have followed Section 80 of the Punjab Police Act, 2007 and required approval from the Union government or the Ministry of Home Affairs.
Chandigarh Administration and Tribunal Ruling
The administration’s notification was challenged as sufficient action, but the High Court found no material showing that the required Ministry approval had been granted.
Effect on promotion candidates
Petitioners and High Court
The petitioners contended that introducing a written test changed existing service conditions and affected personnel awaiting promotion under the earlier system.
Chandigarh Administration and Tribunal Ruling
The 2021 system provided a separate 25% promotion route through the B-1 Test; the court preserved the results of 42 candidates who had already passed and left decisions on existing promotions to the administration.
Key facts
- Court
- Punjab and Haryana High Court
- Notification challenged
- June 18, 2021 amendment to Rule 13.7 of the Punjab Police Rules, 1934
- Promotion allocation
- 70% seniority-cum-merit, 25% B-1 Test, and 5% outstanding sportspersons
- Candidates protected
- 42 candidates who had cleared the B-1 Test
- Earlier tribunal ruling
- The Central Administrative Tribunal, Chandigarh Bench, upheld the notification on April 2, 2026
- Relevant legal change
- The Punjab Police Act, 2007 was adopted for Chandigarh through a Ministry of Home Affairs notification dated March 29, 2010
Sources
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