' IQBAL HAMEED-UR-REHMAN, J.--- The petitioner being eligible applied for the post of Lady Health Visitor (L.H.V.) pursuant to an advertisement got published on 19-7-2006. The required qualification for the post applied for was Matric whereas the petitioner was Matric in 1st Division, F.A. In 2nd Division, passed her nursing course in 1st Division and Diploma in Midwifery also in 1st Division from Public Health Nursing School, Nishtar, Multan. The petitioner stood first on the basis of the educational and professional qualification certificate and experience. After interview, respondent No,4 had been appointed. The petitioner being aggrieved of the said appointment filed the instant constitutional petition.
2. It is contended that the merits list prepared by the respondents Nos.2 and 3 was in violation of the recruitment policy of the Government and appointment of respondent No,4 on the basis of such merit list is illegal and based on mala fide. Comments were called for from the respondents in which they admitted that the petitioner acquired maximum marks in her academic merit but in the final merit list including the marks of interview, she stood at serial No,3. After submission of the comments, the respondents were asked to produce the proceedings report of the interview on the basis of which , the interview marks had been awarded to the candidates but they failed. Today the officials, present in the Court, state that no proceedings of the interview are available.
3. Perusal of the merit list clearly shows that the petitioner has secured 45 marks out of 50 and she is at No,1 according to the academic and other qualifications but in the interview she has been given the lowest marks while respondent No,4 has been given the highest marks. The respondents have neither been able to satisfy that on what criteria, the marks of interview have been awarded nor any proceedings reports of the interview have been produced in the Court despite specific orders to produce the same.
4. In view of the above, I am convinced that the interview process was not conducted in a just, fair and transparent manner. This is a fit case warranting indulgence of this Court under Article 199 of the Constitution. Resultantly, this writ petition is allowed and the appointment of respondent No,4 is declared to be without lawful authority and jurisdiction. The respondents are directed to make appointments after observing proper procedure and recruitment policy of the Government in its true spirit.