' 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) That this Honorable Court may be pleased to direct the respondent No,1 to recall the letter dated 5-9-2014 of cancellation of candidature of the petitioner for the post of Assistant Sub- Inspector.
(b) Direct that respondent No,1 to declare the petitioner as an eligible candidate in the physical fitness test and he be called for interview program which has been scheduled in various dates.
(c) Grant any other relief which this honorable Court deems fit and proper under the circumstances of the case.
2. Briefly stated, the facts of the case are that the petitioner is serving as UDC in National Highways and Motorways Police N-5 South Sector-III, Hyderabad and he applied for the post of Assistant Sub-Inspector (BS-9) in Sindh Police, through proper channel and after acceptance of his application by the respondent No,1 (Assistant Director Recruitment Section, Sindh Public Service Commission) he was called for Screening Test to shortlist the candidates for written test. He appeared in the said test and vide press release dated 18-2-2014, issued by the respondent No,3 (Controller of Examination, Sindh Public Service Commission), he was declared as successful.
Subsequently, the petitioner appeared in Pre-Interview Written Test and he was declared as successful vide press releases dated 11-7-2014; thereafter, on 24-7-2014 he received an admission letter for Physical Fitness Test. Accordingly, the petitioner appeared for the said test but he was not named in the press release dated 28-8-2014 as successful candidate. However, on 5-9-2014 the petitioner received a letter from respondent No,1 informing him that he was considered by the Commission and rejected as he has failed to fulfill the conditions for the said post in advertisement Nos.3/2011 and 3 of 2013 because he was over-age by 3 years, 4 months and 24 days on closing date i,e, 11-7-2011. 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. Israr Hussain Chang, learned counsel for the petitioner, has contended that since the petitioner had applied for the post of ASI through proper channel he was entitled for relaxation of his age being government servant as such, the petitioner is an eligible candidate for the post of ASI but the respondent No,1 has illegally rejected him. He has further contended that even otherwise Services and General Administration and Co-ordination Department, (SGA&CD) Government of Sindh, vide its notification dated 19-7-2011, has given relaxation up to 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 ASIs i,e, 11-7-2011 falls under the period in which relaxation has been allowed; therefore, the impugned letter dated 5-9-2014, issued by the respondent No,1 being against the law is liable to be declared as illegal, void ab initio.
5. Conversely, Mr. Allah Bachayo Soomre], learned Addl. A.-G. Sindh, has opposed this petition and contended that the petitioner failed to fulfill the condition mentioned for the post of ASIs in the advertisement No,3 of 2011 as he was over age on the, closing date i,e, 11-7-2011 therefore, he was rightly rejected by the respondent No,1 for appointment as ASI in Police Department. He has further contended that the Notification dated 19-7-2011, issued by the Services and General Administration and Co-ordination Department, (SGA&CD) Government of Sindh, 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 vacancies in Police Department and therefore, in its subsequent Notification dated 26-2-2014, SGA&CD, Government of Sindh excluded 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 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 minimum 18 and maximum 28 years age for direct recruitment and minimum 18 and maximum 33 years age for Graduate Constables and Head Constables in which the closing date for submission of the application forms was 11-7-2011, and no relaxation of age in upper limit was given to the applicants/candidates already employed in government service. Petitioner although had applied through proper channel, but he applied for direct recruitment for the post of ASI, for that the upper age limit was 28 years. The application of the petitioner was considered by the Commission and rejected as he has failed to fulfill the conditions for the said post in advertisement Nos.3/2011 and 3 of 2013 because he was over- age by 3 years, 4 months and 24 days on closing date i,e, 11-7-2011. The fact that the petitioner was/is over age has not been denied by him.
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 provided in direct recruitment of ASIs 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 (SGA&CD) Government of Sindh, providing relaxation up to 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 ASIs 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 3 years, 4 months and 24 days was not eligible for the post of ASI 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, with no order as the costs.