' MAZHAR ALAM KHAN MIANKHEL, J.--- The petitioners through instant petition have asked for issuance of an appropriate writ directing the respondents to permit them to participate in the interview for the posts of District Specialists and also to declare their result. They have also questioned the impugned letter dated 16-10-2012 whereby they were informed that they would not be called for interview as their applications were received by the respondents after the closing date to, be declared illegal, unlawful, without jurisdiction and lawful authority.
2. The learned counsel for the petitioners submitted that when the petitioners were qualified persons to be appointed as District Specialists against the advertised posts by the respondents, then their refusal to permit them to sit in the interview only on the ground that their applications were received after closing date, is illegal, unlawful, without lawful authority and of no legal effect.
3. As against that, the learned D.A.-G. Refuted the arguments of the learned counsel for the petitioners by submitting that their applications were received by them-after considerable delay of five months, so they were informed that they would not be permitted to appear in interview and requested that this petition being merit less be dismissed as such.
4. Learned counsel for the parties were heard and record of the case was perused.
5. Perusal of the record would reveal that the respondents had advertised some posts of District Specialists on 4-3-2012 and the petitioners submitted their applications in the month of August, 2012 with the plea that because of curfew imposed in the agency/area of their posting, they could not get the newspapers on that day and thus did not get any knowledge regarding the posts advertised in the newspapers. After intimation by the respondents in October, 2012, the petitioners filed the instant petition and on the basis of an interim order of this ,Court, they were permitted to participate in the interview and the respondents accordingly interviewed them but their results have not so far been declared on account of pendency of this writ petition.
6. The perusal of record would further reveal that imposition of curfew in the area was established by way of a Certificate of Political Tehsildar Miran Shah and also from a declaration of the proprietor of newspapers agency Miran Shah in this regard and this very aspect has also not been denied by the respondents while replying para 3 of the petition by simply submitting "No comments". The procedure of test and interview by the respondents are regulated by Khyber Pakhtunkhwa Public Service Commission Regulations, 2003. Para 9 (d) of the Regulations ibid as well as Para-40 of the Regulations would be of much importance to resolve the controversy which are reproduced for ready reference.
SUBMISSION OF APPLICATIONS BY THE CANDIDATES AND ADMISSION OF APPLICATIONS.
"9. (a)
(b)
(c)
(d)An application received after the closing time and date shall stand rejected except where the candidate:
(i) has been ill and has remained admitted in the government/ reputed hospital for period from the publication of the advertisement till the closing date;
(ii) has informed the Commission in writing about his illness before the closing date along with the medical certificate in that behalf form the competent authority; and
(iii) when the candidate was abroad and advertisement was published and he/she arrives after the last date specified for receipt of applications and produces proof thereof the concession allowed shall be available only to such candidates who submit their applications within one month of the arrival from abroad provided that interviews are not yet concluded."
"40. AMENDMENT IN THE REGULATIONS
(a) An amendment or addition to the regulations shall be approved by the full Commission. Such amendments or additions shall have prospective effect.
RELAXATION IN REGULATIONS
(B) Any of the above regulations may be relaxed by the Commission to avoid hardship provided such relaxation does not amount to violation of any law, rules or Government Orders."
The perusal of the above said paras of the Regulations would reveal that the Commission has got the powers to accept the application received after closing time and date, in the given circumstances and similarly the Commission has also got the powers of relaxation in the Regulations to avoid hardship specially in the case that such relaxation would not amount to violation of any law, rules or Government orders. When the reasons extended by the petitioners for their non-submission of their application has not been denied, then it was incumbent upon the respondents to have considered their applications in the light of above referred paragraphs of Regulations. If their applications are considered IA by the Commission in the light of above referred paras, then there is no one else who would suffer on this count. Yet another justification is there that undoubtedly such type of vacancies would again come for open competition after a considerable long span of time. Admittedly, there were 19 vacancies and 14 persons had applied for the said vacancies out of which 13 have qualified including the petitioners. The case of the petitioners would also get support from a precedent of this Court. Almost in similar facts and circumstances, petitioners of Writ Petition No,1994 of 2009 were allowed on 3-9-2009 to participate in the process of appointment because of law and order situation in their respective areas of domicile and imposition of curfew. So, the petitioners also cannot be refused such relief. Para 9 (d) of the Regulations would reveal that the Commission has referred to almost three eventualities but eventuality of the nature in hand has not been discussed. Since powers to amend the Regulations according to the circumstances is with the Commission, so we would also direct the Commission to make necessary amendments by including such and other expected eventualities which may occur in future.
7. We in the circumstances would direct the respondents to consider the case of petitioners in the light of above said paras of Regulations within the period of thirty days and declare their results accordingly.
' This petition is disposed of in the above terms.