ADNAN-UL-KARIM MEMON, J:-, Petitioner is seeking appointment for the post of Assistant Sub Inspector (ASI) in BPS-09 in Sindh Police with the assertion that on 29.01.2015, he applied for the aforesaid post on the basis that he completed certain educational courses from Pak-Army in the year 2006. Petitioner claims that he qualified the test/interview but the Respondents refused to issue appointment letter to him for the aforesaid post. Petitioner claims that he approached the Respondents by moving various applications for the post of ASI but they ignored the same without assigning any reason. Petitioner, being aggrieved by and dissatisfied with the inaction of the Respondents has approached this Court on 19.5.2017.
2. Petitioner , who is present in person has submitted that he has been seriously prejudiced and not treated in accordance with law, as provided under Articles 4 & 25 of the Constitution of the Islamic Republic of Pakistan, 1973; that grave injustice has been done with him with no fault on his part by depriving him for his appointment to the post of ASI, for which he qualified all the prerequisite tests; that the Respondents are liable to rectify their arbitrary and illegal actions so as to enable him to lead his life smoothly; that due to such acts and deeds of the Respondents, he has suffered a lot of mental torture, agonies and by such situation, he is facing problems too; that the denial in this regard by the Respondents amounts to invade upon and infringement of his fundamental and legal rights, as guaranteed under the Constitution of the Islamic Republic of Pakistan 1973 that are enforceable by this Court in exercise of its Constitutional jurisdiction; that he has been continuously approaching personally the Respondents to appoint him for the post of ASI but to no avail; that he is aggrieved by the illegal actions of the Respondents. He lastly prays for allowing the instant Petition.
3. During the course of arguments, we asked from the Petitioner as to how he is claiming an appointment for the post of ASI without Public Notice and fulfillment of other codal formalities as requir ed under the Recruitment Rules for the aforesaid post. He in reply to the query , referred to his objections to the comments filed by him on 13.1.2018 and submitted that the post of ASI can be filled by the Respondents and not through SPSC; that the Respondent No.3 and 5 mentioned his name in the list of Police Constable and failed to recommend his name for the post of ASI as per his entitlement under the law . Per Petitioner this is malafide act on the part of Respondents.
4. It may be stated that in view of urgency shown by the Petitioner today , he has narrated the entire case on merits, which has been rebutted by Mr. Shehryar Mahar learned Assistant Advocate General, without filing the comments of Respondents No. 1 to 4. He added that the instant Petition is not maintainable under the law .
5. We have considered the contentions of the parties and perused the material available on record. We have also noted that the post of ASI was referred to Sindh Public Service Commission in the year 2002, requiring following qualification etc. as under: AGE: Min: 18, Max 28 years for direct Recruitment.
Min: 1, Max 33 years for Graduate constable & Head constable.
QUALIFICA TIONS: i. Intermediate with 2nd Division from any recognized Board/ University for General Recruitment. ii. For in-Service head Constable/Police Constables of Sindh Police Department, candidate should be Graduate.
PHYSICAL STANDARD A candidate must be in good mental & physical health and should fulfill the following conditions: Male Height 5 X 5" (minimum)
Chest 33 X 34 Ma (minimum)
Female: Height 5 X 2" (minimum) Sound Health Note: iQNo relaxation in age, education or physical standard will be allowed to the candidates for direct recruitment."
6. Perusal of record shows that Petitioner was born on 21.09.1986 and his age at the relevant time as claimed by the Petitioner was 29 years' which exceeds from the required age i.e. 28 years for the post of ASI.
7. We have scanned all the relevant Act, Rules and Notifications, but have not come across any such provision vesting power with the Competent Authority to relax the qualification viz. age and Physical Standards for the post of ASI. The qualification required from the candidates under Rule 12.3 of Police Rules 1934 is the prerequisite for the appointment to a post of ASI. In our view no relaxation in age and qualification can be made and only the candidates, who meet the criteria, can be appointed and not otherwise. In this regard, our view is supported by Rules 12.6 & 12.15 of Police Rules 1934, which makes it clear that the same cannot be relaxed as discussed above.
8. We have noticed that the Petitioner was discharged from Pak-Army vide letter dated 23.10.2008. An excerpt of the same is reproduced below:- "Discharge Certificate No. 3334/08 (13)
No. 3142987 Rank/Trade OC11 Shabbir Aslam 172, MBRL Regt Arty Name Muhammad Aslam House No. 128, Street No.17, Karachi P/O Karachi Defence Thana Frere Tehsil Junnubi District Karachi Date at the time of end 20 years, 39 days Date of birth 21.09.1986 Date of Enrol. 30.10.2006 Tfr to Res on 20.07.2008 Disch. 20.07.2008 Distinctive Mark_______ Cause of discharge Being Unsustainable Total qualifying service 14 years, 8 months & 20 days Total Non-Qualifying Service Nil Character as assessed vide Ar(1) 172 Satisfactory Fit for Civ Employment Fit/yes Date of completion of Res Liability 29.10.2016 Awarded medal Nil Pay and Allow (1)Basic Pay 3720/pm (2)J/Allow 300/pm
(3) CILO Nil /pm (4) C/Alice 680/ pm (5)D/Pay Nil /pm (6) Medical Free Education Mil /pm Civ 10th Name_----------------------------------------------W ife /Mother MAJ SEC OFFR S-3(REL)
ARTILLER Y RECORDS
9. We, on the basis of contentions of the parties with the material produced before us, have reached to the conclusion that the name of the Petitioner is not born out on the record that he succeeded in test/interview, even record does not reflect that the Petitioner applied for the post of ASI in BPS-09, through Public Notice or competitive process. Petitioner has failed to place on record the copy of the Advertisement, call letters for the test and interview against the aforesaid post. Merely passing educational courses from Pak-Army is no ground to claim appointment in the Government service, without going through the recruitment process for the post applied for. Prima-facie, in absence of the aforesaid material, Petitioner is not entitled to seek appointment against the said post, which could be filled through Sindh Public Service Commission under Section 7 (3) of Police Order, 2002 (since repealed) or Police Rules, 1934 or through competitive process on merit.
10. We therefore in the light of what has been noted above are not satisfied with the assertion of the Petitioner and for the aforesaid reasons, in our view Petitioner has failed to make out a case for indulgence of this Court. The instant Petition is devoid of merit, thus is dismissed.