MOHSIN AKHT AR KA YANI, J:- Through the instant writ petition, the petitioner has prayed for following relief:- "In view of above mentioned circumstance s, it is respectfully prayed that the instant petition may kindly be accepted and the writ may kindly be issued by declaring the appointments on the job (constable BPS-05-ANF) as illegal, unlawful and without unlawful authority and consequence thereof the respondent may kindly be directed to appoint petitioner w.e.f on said post with all consequential benefits. Any other relief with this court deems fit any proper may also be granted."
2. Learned counsel for the petitioner contends that the petitioner applied for the post of constable BPS-05 in accordance with advertisement published in Daily Express and he has been ignored by the respondents authority despite the fact that he secured higher marks in test and interview but one of the candidate Shahab Ali having less height and prescribed standard has been appointed on the said post.
3. Conversely , Special Public Prosecutor contends that as per merit list, the petitioner did not secure merit in the area of KPK, wherein twenty four persons were appointed, whereas last merit at serial No.24 is 73.15% and petitioner secured 70.63%, therefore, he was not selected.
4. I have heard the arguments and perused the record.
5. Perusal of the record reveals that the petitioner applied for the post of constable BPS-05 in ANF from the area of KPK and as per his assertion, he qualified the test and interview but he was not selected, therefore, he claims that he is eligible to be appointed on the said position. The petitioner has also raised serious question regarding appointment of Shahab Ali as he had less height than the prescribed height of 5.7 inches.
6. I have called the record as well as DG, ANF, whereupon Khalid Khan Khattak, Director/DIG, Col. Imran Ahmad, JD, Munazam Iqbal Gondal, DD (Law), Faisal Riaz, AD (Law) and Special Public Prosecutor , ANF put appearance and submitted the record.
7. As per record, the requirement for the post of constable BPS-05 in ANF in September , 2014 was matric with height of 5.7 inches and chest of 32 to 34 inches. The marks weightage given for the recruitment is
(i) written test 70%
(ii) interview 30%
(iii) the cumulative marks 100% whereas the interview committee was comprised of the President and two members, who,conducted interview and prepared merit list, which reflects that the petitioner secured 44.8 marks in written test of the competition of 70% and 25.83 interview marks out of 30% and total marks secured by him is 70.63, which are less than the merit of 24 posts of constable of KPK Quota out of total 1576 candidates.
8. I have also gone through the merit list submitted by the respondents side, in which merit stops at 73.15%, which is twenty fourth post of Muhammad Waheed Ilmas, who secured higher marks than the petitioner as such the petitioner did not secure the required marks, hence, lacks merits.
9. Besides the above referred backgrou nd, I have also gone through the result of Shahab Ali, who has been referred in the body of instant writ petitio n, who allegedly secured the job through some unfair means as he had less height than the required standards. Director/DIG, ANF in attendance ensures this Court that they are looking into the matter , which is under scrutiny through separate committee and the same shall be dealt in accordance with law.
10. Keeping in view above discussion, the petitioner has failed to be selected on merit as he has not secured total marks through which he could be considered in final merit as the merit stops on 73.15% marks and the petitioner has secured 70.63% marks, hence, instant writ petition bears no merits, therefore, the same is hereby dismissed.