' QAZI FAEZ ISA, C.J.--- Learned counsel for the petitioners states that all the nine petitioners had applied for the post of NaibTehsildar (BPS-14) pursuant to the advertisement published by the Assistant Commissioner (Revenue) Zhob Division (daily Moshriq dated 14th January, 2012) and had successfully passed the written test, but before the interview could be conducted the tests were cancelled and it was ordered that the process of appointment be started afresh. Along with the petition a number of documents have been filed, including the constitution of the Departmental Selection Committee, comprising of the following officers:--- a.Commissioner of the concerned Division. Chairman b.Deputy Commissioner (Headquarter) of the concerned divisionMember c.Secretary (Admn.), BOR. Member D.Secretary (Revenue), BOR, Member {{TABLE}} ' Learned counsel has relied upon the letter dated 6th June, 2012 of the Commissioner Zhob Division wherein it is stated that 311 candidates participated in the written test and out of them only 13 had qualified, including the nine petitioners. However, the next stage for the interview that was to take place on 14th June, 2012 was stopped on 11th June, 2012 on the orders of the Chief Minister addressed to the Chief Secretary, Government of Balochistan, relevant portion whereof is reproduced hereunder:- "The Chief Minister has desired that the written test of all posts of BPS-1 to 15 of Revenue Department (office of Commissioner Zhob Division and Deputy Commissioners of different districts of Zhob Division) conducted by Commissioner Zhob Division and result of which has been declared on 6th June, 2012 be cancelled owing to complains of being in violation of merit/procedures."
' Learned counsel states that once the petitioners had passed the test the respondents were not authorized to cancel the result for the test and that the process be started afresh.
2. Mr. Tariq Ali Tahir, Additional Advocate-General ("A.A.-G.") states that the Departmental Selection Committee comprised of four individuals, two of which belonged to the Board of Revenue and the senior. Member Board of Revenue had stated that such were not associated with the tests and this was a cogent ground for cancellation of the tests and the Commissioner Zhob Division was not authorized to select the candidates himself. He has also referred to the order of the Senior Member, Board of Revenue dated 11th June, 2012 (attached with the petition) paragraph one whereof is reproduced hereunder:- have been learnt that test/interview of Revenue Department employees (BPS-I to BPS-15) of Zhob Division have been conducted by unauthorized Officers, whereas Members of the notified Committee have not been associated in the process."
' Learned A.A.-G. States that the above mentioned order of the Senior Member, Board of Revenue, Government of Balochistan, formed the basis of the order of the Chief Minister, and that the serious allegation levelled therein has not been rebutted by the petitioner. It is next contended that the petitioners and others were not interviewed therefore the process of selection had not been finalized. He further states that even otherwise the Government is authorized to cancel the results and conduct tests afresh and no right arises in favour of the petitioners till their appointment. It is lastly contended that the posts will be re-advertised and the petitioners too, if otherwise qualified, will be entitled to participate in the process and assures us that the same will be through a transparent process in accordance with applicable rules.
3. The reason mentioned in the order (above) of the Senior Member Board of Revenue, has not been rebutted. The Government of Balochistan had nominated a four member Departmental Selection Committee, which included two officers of the Board of Revenue Department, therefore if these two officers/members were not associated with the selection process/tests it cannot be stated that the test was conducted were in accordance with the prescribed procedure. The reason given in the Chief Minister's order that the written tests were conducted in violation of merit/procedures too has not been rebutted. Learned counsel's contention that the petitioners cannot be held responsible for violation is no answer to the admitted transgression, which has brought into doubt the credibility and transparency of the selection process. Learned A.A.-G. Is also correct in stating that the Government is within its rights to cancel the selection process before any appointments have been made, particularly when serious contravention of the applicable procedure was made. Consequently, the petition cannot succeed as no illegality has been committed by the Government of Balochistan in canceling the test results. The petition is also riot maintainable on the ground that no vested right accrued to the petitioners.
4. There are also a couple of matters that merit comment. Firstly, the result of the test were not announced, as no document has been filed either by the petitioners or the respondents that mentions the marks acquired by the candidates, and instead .There is just a letter of the Commissioner, as mentioned above, that 13 out of 311 candidates passed. By not declaring the marks of the candidates makes the process opaque, and, therefore, open to valid criticism. It is expected that in future when tests are conducted the result will be declared by the Government of Balochistan.
5. Secondly, the prescribed syllabus for Naib Tehsildar, as mentioned in letter dated 23rd February, 2012 of the Board of Revenue, Balochistan, was as follows:--- "(i) There shall be two papers for Written test/examination; paper 1 will be exclusively for testing the ability of the candidate in English, which will include essay, active voice, passive voice, direct, indirect, composition, precise paragraph translation from Urdu to English etc.
(ii) The second paper will be for testing of knowledge of the candidate about Islamic Studies, Pakistan Studies, Mathematics (including Arithmetic) and General Knowledge."
From the aforesaid it appears that the candidates who would be appointed as Naib-Tehsildars would only be tested for their knowledge of English, Islamic Studies, Pakistan Studies, Mathematics and General Knowledge. A Naib-Tehsildar's duties are primarily two fold; as a Revenue Officer under the Land Revenue laws and as a Law Enforcement Officer in respect of "B" areas of Balochistan, where the Levies Force is deployed. We therefore, do not understand why the candidate's knowledge of the Revenue Laws and Criminal Procedure Code was not tested. By prescribing a syllabus that tests the Candidate's knowledge of Islamic Studies and Pakistan Studies, but not his/her knowledge of Land Revenue Laws and the Criminal Procedure Code, would not help in choosing the right man/woman for the prescribed job of Naib-Tehsildar. We, therefore, expect that in future the Government would test candidates for the knowledge and competency that is a prerequisite for the work required work, and in respect of all positions that require writing and intellectual input a basic ability to operate a computer. Government jobs are highly prized and there is no reason why the very best should not be encouraged to apply and to be appointed.
6. That for the aforesaid reasons this petition is dismissed. Copies of this judgment should be sent to the Government of Balochistan through the Chief Secretary, Secretary Services and General Administration, Secretary Finance Secretary Law, Secretary Home and the Senior Member Board of Revenue, who should reflect upon the observations made by us in paragraphs 4 and 5 above.