AMIN-UD-DIN KHAN, J. --- The necessary facts for determination of the matter in issue involved in the writ petition are that the petitioner is Constable performing his duties under the control of Inspector General of Police, Government of the Punjab, Lahore. Respondent No. 4 District Police Officer, Bahawalnagar selected the petitioner for Lower Class Police Training Course of Batch No. 40 at Lahore from the District Bahawalnagar. The petitioner joined the course at Police Training School Lahore. During the course, he felt heart pain and was admitted to Punjab Institute of Cardiology, Lahore, where the petitioner was operated,for angioplasty. Therefore, the petitioner applied to the Inspector General of Police through Deputy Inspector General of Police, training School Lahore with a request that he be declared immune from physical training being heart patient. The Inspector General of Police granted him exemption from PT/Parade and other physical activities on the medical grounds vide letter No. 4293/T-II, dated 29.3.2010.
The paper wise marks of the course are as under:--- 1 Pakistan Penal Code, Islamic Laws & Qanoon-e-Shahadat. 100 2 Criminal Procedure Code, Local & Special Laws 100 3 Police Rules (General, Police Station & Record Keeping) 100 4 Police Practical Work (Theory & Practical)100 5 Police Order 2002, Police Public Relations100 6 Medical Jurisprudence, Scientific Aid & Finger Print100 7 Islamiyat, Human Rights and Police100 8 PT/Parade 170 9 Fire 80 10 Interview 50 Total: 1000
2. The petitioner appeared in the papers except PT/Parade as he was exempted from PT/Parade. After the examination he received letter No. 10799/CLI/PTS, dated 2.10 2010, according to which the petitioner was declared "Fail" and he was directed to re-appear in all the papers/subjects during the final examination of next class.
The petitioner once again filed an application through the District Police Officer, Bahawalnagar to Inspector General of Police Punjab, Lahore .That he is exempted in PT/Parade etc., therefore, he be declared passed. His application was refused but through Letter No. 5105-30/CLI/PTS, dated 7.7.2011 issued by the Commandant to the District Police Officer, Bahawalnagar, the petitioner was directed to reappear in the 43rd Lower Class Training Course, hence this writ petition.
3. Comments were called from the respondents and respondents Nos. 1 and 4 have filed the comments. According to mark sheet which has been appended with the comments, he has been shown exempted from PT/Parade which is at serial No. 8 of the mark sheet. Total marks are 1000, whereas the total marks of PT/Parde are 170. The petitioner has obtained 461 marks, therefore, respondent No. 1 has declared that petitioner has obtained 46,1%, marks out of total 1000 marks, therefore, he has been declared "fail" as the required percentage. For passing the examination was 50%. The case of the petitioner is that, when the petitioner has been exempted in PT/Parade and this very fact has been noted in the Marks Sheet, therefore 170 marks of PT/Parade will not be included in the total marks 1000, therefore, the marks obtained by the petitioner i.e. 460 will be compared with remaining marks i.e. 830 after excluding 170 marks of PT/Parade, therefore, this writ petition be allowed.
4. The learned AAG assisted by DSP (Legal) states that the matter of the petitioner be sent to respondent No. 2 for re-consideration but they are unable to rebut the contentions raised by the learned counsel for the petitioner.
5. I have heard the arguments of the learned counsel for the parties and have perused the entire record with their able assistance.
6. I do no find any reason to send the matter to respondents for reconsideration as they have already asked the petitioner to re-appear in the examination. The matter is very simple and clear when the competent authority has granted exemption to the petitioner in the PT/Parade and physical activities and this very fact has been notified in the marks sheet, therefore, for calculating the percentage of the obtained marks-these 170 marks of PT/Parade will not be included in the total marks, therefore, marks obtained by the petitioner i.e. 460 will be compared from remaining marks i.e. 830 and admittedly in this way his percentage definitely is above than 50%. In this view of the matter this action of the respondent declaring the petitioner "fail" in Lower Class Course of Batch No. 40 is against the record. The orders dated 10.6.2010 and 7.7.2010 are declared against the law and have been passed without lawful authority.
For what has been discussed above, this writ petition is allowed in the above terms.