' SALIM KHAN, J.--- Qamar Zaman presently L.H.C. No,442 Police Line Abbottabad instituted this Writ Petition No,35 of 2007 against Secretary N.-W.F.P. Public Service Commission and Inspector-General of Police along with Secretary Home Department. He alleged that he, like other qualified police officials, was eligible for the post of A.S.-I. By selection from amongst the graduates, that he appeared for written test and interview, and was placed on the provisional list duly recommended by the N.-W.F.P. Public Service Commission. It was further alleged that the N.-W.F.P. Public Service Commission checked the record of the recommendees and found them eligible, but other constables/Head Constables were appointed vide Office Order No,22321-27/E-II, dated 28-2-2006 while the petitioner was left over.
2. Comments of respondent No,2 were obtained who stated that there were adverse entries against the petitioner, and, therefore, the petitioner was not eligible and entitled to be posted as A.S.-I.
3. We heard the arguments of the learned counsel for the petitioner and the learned Deputy Advocate-General supported by Khurshid Khan, D.S.P.
4. At the very outset, the learned D.A.-G. Contended that, in accordance with the provisions of sub- Article (3) of Article 7 of Police Order, 2002, the selection was to be made from amongst officials with clean record, and a selection committee was constituted by P.P.O. (Provincial Police Officer/I.- G.P.) to check the service record of each of the candidates. He contended that there were two adverse entries against the petitioner, out of which one was by the officer in whose office the petitioner had conducted himself improperly, while the other was regarding absence from duty, though both the entries were minor in nature.
5. The learned counsel for the petitioner referred to the internal correspondence of the office of N.- W.F.P. Public Service Commission and contended that members 1 to 4 and 6 were in favour of the appointment of the petitioner and others, while Member 5 and the Chairman were against it, but it was decided in that office that the Regulation relating to the N.-W.F.P. Public Service Commission had to be followed. The demand of that Regulation was that the decision of the Commission would be by majority. It is always expected that the recommendation of the Commission regarding selection of candidates would always prevail with the concerned department except when referred back for further consideration.
6. The provisions of Article 7(3) of Police Order, 2002 are as follows:--
7. Constitution of Police.
(1) .........................................................
(2) .........................................................
(3) The recruitment in the police other than ministerial arid specialists cadres shall be in the rank of Constable, Assistant Sub-Inspector and Assistant Superintendent of Police: ' Provided that selection for direct recruitment in the rank of Assistant Sub-Inspector shall be through the appropriate Public Service Commission and shall not exceed twenty-five per cent of total posts in that rank: Provided further that 25% of the quota for departmental promotions to the rank of Assistant Sub-Inspector shall be filled, subject to rules, through selection by the appropriate Public Service Commission from graduate Constables or Head Constables of clean record."
(Underlining is ours for emphasis).
(4) .......................................................................................
(5\ .......................................................................................
(6) .......................................................................................
' It has clearly been provided that the vacancies in 25% quota for departmental promotions shall be filled from graduate constables and head constables of clean record by the appropriate Public Service Commission. The law, therefore, provides that it is the appropriate Public Service Commission which has to satisfy itself regarding the record of a graduate constable or head constable, for ascertaining his eligibility and suitability for the post of Assistant Sub-Inspector in his respective quota. It will be violation of the law if the Police Establishment, by itself, starts deciding whether a constable or head constable is or is not of clean record, because it will amount to depriving the appropriate Public Service Commission of its right to decide regarding the same. In this case, the N.-W.F.P. Public Service Commission had checked the record of the candidates and, through its majority decision, had recommended the petitioner for his appointment as Assistant Sub-Inspector. The Police Establishment was either to agree with the said decision or, if the law/rules so permitted, to refer the matter back to the N.-W.F.P. Public Service Commission for reconsideration.
7. In this case, however, there was no chance for reference again as the case was properly considered by the Chairman and Members of the Commission to the extent that there was difference of opinion and the decision was taken by majority in accordance with their regulation.
The constitution of a committee in, or by, the Police Establishment for proceedings after the recommendation of the N.-W.F.P. Public Service Commission was without lawful authority and void.
The Police Establishment could constitute such a committee for stages before the selection by the Commission, and would send the record to the Commission for its consideration before the decision of selection.
8. Keeping in view the above, we have come to the conclusion that the order regarding the petitioner, dropping his candidacy and not appointing him and not allowing him to join as Assistant Sub-Inspector of the Police Establishment is without lawful authority and void. We accept the present writ petition accordingly.