'Beyond jurisdiction': Punjab and Haryana HC sets aside Chandigarh Police promotion rules for Head Constables

The Punjab and Haryana High Court recently overturned a 2021 amendment to the promotion rules for Chandigarh police constables, ruling that the Chandigarh Administration lacked jurisdiction to make the changes under the Police Act of 1861. The court's decision came down on August 11, 2026 in a case that challenged an April 2, 2026 order from the Central Administrative Tribunal (CAT) in Chandigarh.

The CAT had previously agreed with the June 18, 2021 notification that amended Rule 13.7 of the Punjab Police Rules, 1934, which determined that 70% of constables would be eligible for promotion to Head Constable based on seniority-cum-merit, 25% would go through a B-1 Test, and the remaining 5% would be awarded to outstanding athletes based on their appointment date.

The petitioners argued that the amendment was issued under the Police Act of 1861, which was no longer applicable to Chandigarh since the Punjab Police Act of 2007 had been adopted by the Chandigarh Administration. The court noted that the 2007 Act had replaced the 1861 Act in Chandigarh, making the 1861 Act's provisions invalid for the amendment.

Further, the court stated that the amendment should have adhered to the procedure outlined in Section 80 of the Punjab Police Act of 2007, which a mere administrative order did not meet. The High Court also noted that the approval from the Ministry of Home Affairs for the amendment had not been granted. The decision protects the 42 candidates who had already passed the B-1 Test, stating that their test results will remain valid if the Chandigarh Administration decides to implement a new promotion test.

However, if the administration opts for seniority-based promotions instead, those candidates' seniority will be respected regardless of their test outcome. The court also gave the Chandigarh Administration discretion on handling promotions made under the 2021 notification, requiring affected employees to be informed of any changes in promotion dates.