' ZAFAR AHMED RAJPUT, J.--- By invoking the Constitutional Jurisdiction of this Court under. Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has prayed for the following reliefs:---
(a) Direct the respondents to allow the petitioner to appear in interview as in view of the Notification dated 19-7-2011 of age relaxation, the petitioner is not overage and he applied in year 2007, when he was not overage.
(b) Declare that impugned letter dated 25-9-2014 issued by the respondent No,5 is illegal, unlawful and unconstitutional and against the natural justice, equity and fail play and is against the Notification dated 19-7-2011.
(c) Any other relief (s) which this Honorable Court deems fit,, just and proper in favour of the petitioner.
2. Briefly stated, the facts of the case are that vide consolidated advertisement Nos.1 of 2007 dated 14-2-2007, 3 of 2008 dated 29-1-200g and 3 of 2011 dated 9-6-2011, the respondent No,5 invited applications for the posts of Assistant Sub-Inspector (BS-9) in Police Department, Government of Sindh under Article 7(3) of Police Order, 2002 from the interested candidates having 18 years to 28 years age for direct recruitment and 18 years to 33 years age for Graduate Constables and Head Constables of Police Department. The petitioner was 24 years old in 2007 when he applied for the post of to the respondent No,5 in response to advertisement No,1 of 2007 dated 14-2-2007, but no further proceedings were taken place and thereafter in the year 2008 again the respondent No,5 invited applications for the posts of A.S.I. Vide advertisement No,3 of 2008 dated 29-1-2008, wherein the candidates who had applied in the year 2007 were advised not to apply afresh but again neither any examination was held nor the recruitment was made thereon. After that, respondent No,5, vide advertisements No,3/2011 dated 9-6-2011, again invited applications from interested candidates for the posts of A.S.I. However, this time the petitioner was issued admission letter for his appearance in Screening Test on 1040-2013, wherein he appeared and vide press release dated 18- 2-2014, issued by the respondent No,5, he was declared as successful. Subsequently, the petitioner appeared in Pre-Interview Written Test on 13-4-2014 and in Physical Fitness Test. On 12-8-2014 and he was declared as successful vide press releases dated 11-7-2014 and 28-8-2014, respectively.
Thereafter, on 25-9-2014 the petitioner received a letter from respondent No,5 informing him that he was considered by the Commission and rejected as he has failed to fulfill the condition for the post because he was over-age by 5 months and 25 days on closing date i,e, 11-7-201L The petitioner; therefore, finding no other efficacious remedy, has filed this Constitutional petition.
3. Heard learned counsel for the petitioner, learned A.A.-G. For the State.
4. Mr. Mian Taj Muhammad Kerio, learned counsel for the petitioner, has contended that the petitioner was about 24 years old when he applied first time for the post of A.S.I. Against the announcement made by respondent No,5 but the respondent No,5 did not make any recruitment against that and again in 2008 and 2011 the respondent No,5 advertised the posts of A.S.Is. And that was in continuation of its earlier announcement of 2007. He has Anther contended that even otherwise, the respondent No,3 (Services and General Administration and Coordination Department, (SGA&CD) Government of Sindh), vide its notification dated 19-7-2011, has given relaxation upto maximum of 15 years in the upper age limit to all the applicants applying for the vacancies in all the Departments of Government of Sindh to be filled during the period with effect from 1st July, 2011 to 30th June, 2012 in relaxation of Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 and the closing date for the post of A.S.Is. i,e, 11-7-2011 as mentioned in the advertisement No,3 of 2011 dated 9-6-2011 falls under the period in which relaxation has been allowed; therefore, the impugned letter dated 25-9-2014, issued by the respondent No,5 being against the law is liable to be declared as illegal, void ab initio.
5. Per contra, Mr. Allah Bachayo Soomro, learned Addl. A.-G., Sindh, has fervidly denied the case of the petitioner and contended that the petitioner had failed to fulfill the required conditions for the post of A.S.Is. Mentioned in the advertisement No,3 of 2011, as he was over age by 5 months and 25 days on the closing date i,e, 11-7-2011; therefore, he was rightly rejected by the Commission for appointment as A.S.I. In Police Department. He has further contended that the Notification dated 19-7-2011, issued by the respondent No,3, giving relaxation upto maximum of 15 years in the upper age limit to the applicants applying for the vacancies in the Departments of Government of Sindh has no application to the candidates applying for the post of A.S.I. In Police Department and therefore, in its subsequent Notification dated 26-2-2014, the respondent No,3 e,. Pied Police Services from the purview of its Notification.
6. We have considered the above submission and also perused the material available on the record which reveals that the applications were called by the respondent No,5 (Sindh Public Service Commission) through advertisements No,3/2011 dated 9-6-2011 for the posts of Assistant Sub-Inspector (BS-9) in Police Department, Government of Sindh under Article 7(3), of Police Order, 2002 from the interested candidates having 18 maximum 28 years age for direct recruitment in which the closing date was 11-7-2011 for submission of the application forms. The date of birth of petitioner appears in his Secondary School Certificate is 16-1-1983, as such the petitioner on the closing date the petitioner was having his age as 18 years 5 months and 25 days; per se he was over-age by 5 months and 25 days on closing date i,e, 11-7-2011.
7. It has been notified in the said advertisement that "no relaxation in age, education or physical standard will be allowed to the candidates for direct recruitment" and that "the candidate should have required age and qualifications on closing date. Age shall also be reckoned on the basis of closing date". It means, as a matter of policy or conceivably with a view to establish standard for age, physique and aptitude in police services, the relaxation in upper age limit has not been B provided in direct recruitment of A.S.Is. In police department in the said advertisement. Therefore, we are in agreement with learned A.A.-G. That the Notification dated 19-7-2011, issued by the respondent No,3, providing relaxation upto maximum of 15 years in the upper age limit to the applicants applying for the vacancies in the Departments of Government of Sindh has no application to the candidates applying for the post of A.S.Is. In Police Department due to specific bar in advertisement regarding relaxation in age to the candidates for direct recruitment, which has not been challenged by the petitioner.
8. In view of what has been discussed above, we are of the view that the petitioner being over age on closing date i,e,, 11-7-2011 by 5 months and 25 days was not eligible for the post of A.S.I. In Police Department and he was also not entitled for the relaxation in upper age limit. The petitioner has no case for consideration. Hence, this petition is dismissed accordingly, along with listed application, with no order as the costs.