Ahmad Nadeem Arshad, J.--Through this single order, we intend to dispose of instant I.C.A.
Bearing No. 407 of 2019 as well as connected I.C.A. Bearing No. 338 of 2019, as both were filed against the same order dated 13.06.2019 passed by learned Single Judge in Chamber on the basis of which writ petition Bearing No. 11452 of 2014 filed by Ahsan-ul-Haq respondent and writ petition Bearing No. 11659 of 2014 filed by Tehseen Qadir respondent was accepted and declared the second measurement of the respondents as without lawful authority and directed the appellant No. 1 to proceed with the case in accordance with law on its own merits by treating their height as meeting with the criteria of 5 feet and 7 inches as determined by the Board initially.
2. Setting apart unnecessary detail, facts in brevity are that the respondents namely Ahsan-ul-Haq and Tahseen Qadir filed their separate writ petitions by contending that in response to a publication made by the Punjab Public Service Commission, Lahore for the posts of Sub Inspector of Punjab Police, Lahore, they applied for the said post. The criteria for the said post was that along with the application form, to file the academic certificates along with medical examination regarding health, height, and chest, etc. For the medical examination, qualified Boards were constituted in different hospitals. The respondent Ahsan-ul-Qadir appeared before the Board constituted in Services Hospital, Lahore whereby his height was measured and was found as 175.5 cm which is estimated equal to 5 feet 7.25 inches whereas the height of respondent Tehseen Qadir was found as 5 feet 7 inches by the Medical 'Officer, District headquarter Hospital, Muzaffargarh.
Both the respondents appeared in examination and interview and qualify the same and a recommendation was made by the Punjab Public Service Commission, Lahore to the Inspector General Police, Lahore for their appointments. However, the Regional Police Officer, Dera Ghazi Khan, once again referred the case of both the respondents for medical examination wherein the height of respondent Tehseen Qadir was found to be 5 feet 6.5 inches i.e. deficient from 0.5 inches whereas the height of respondent Ahsan-ulHaq was found to be 5 feet 6.9 inches i.e. deficit by 0.1 inches. Consequently, both the respondents were not appointed. Both the respondents challenged the act of appellants by which they have shown a deficit in height and referring for the second measurement. The learned single Judge of this Court, while dealing with the writ petitions of the respondents, passed the impugned order dated 13.06.2019 and while relying upon the principle laid down in "Yousaf Haroon and others vs. Punjab Public Service Commission, Agha Khan/Davis Road, Lahore through Secretary and others" (PLD 2001 S.C. 1012) observed as under: "While relying upon the principles laid down in the above referred judgment, it is observed that the petitioners were not put to notice that their height would be re-measured nor it was mentioned in the consolidated advertisement, therefore, the respondents have no cause to reject the appointment of the petitioners on the basis of height. It has been argued by the learned AAG that in the advertisement, it was mentioned that person who is not found to be fit in any manner would not be appointed despite the fact that he has cleared the examination. Be that as it may, the Medical Board had initially cleared the petitioners as having the requisite height. No illegality, mala fide or any other discrepancy has been pointed out in the report filed by concerned Medical Superintendents. Moreover, the measurement process could be defective in either of the stages, the benefit if any is to go to the person who is to be affected thereby.
8. Resultantly, it is held that once having been found to have complied with the height requirement in one measurement, the second measurement declaring them not to comply with the height requirement was not justified. Resultantly the second measurement is declared to be without lawful authority and Respondent No. 1 is directed to proceed with the case of the petitioners in accordance with law on its own merits by treating their height as meeting with the criteria of 5 feet and 7 inches as determined by the Board initially."
3. Learned Assistant Advocate General of Punjab, appearing on behalf of appellants maintained that the learned Single Judge without appreciating the facts of the case, allowed the writ petitions; that the Hon'ble Judge in Chamber has not gone through the matter while passing the impugned order and allowed the writ petitions without application of judicious mind; that the impugned order was passed while ignoring the submission made by the appellants ; that the impugned order is against the rules because the appellant No. 1 in its recommendations categorically mentioned that the commission is subject to passing such medical test of the candidates as may be required under the rule; that in compliance with the directions/policy the Inspector General of Police Punjab Lahore referred both the respondents to the medical Board in which the respondents were found deficit in height; that the respondents had not challenged/assailed the opinion of the medical Board before proper forum and directly filed the writ petitions; that the impugned order is result of mis-reading and non-reading of record available on the file and lastly prayed for acceptance of their appeals and setting-aside the impugned order.
4. On the contrary, learned counsel appearing on behalf of the respondents reiterating the facts as pleaded in their writ petitions, hotly opposed the contentions raised by the learned law officer and defended the impugned order by stating that it was passed in accordance with law by keeping in view the facts and circumstances of the case.
5. We have heard the learned counsel for the parties and perused the record with their able assistance.
6. The criteria as set forth by the Punjab Public Service Commission Lahore, required a candidate that his height must be equal to 5 feet 7 inches. It is also required that a certificate of medical examination regarding height issued by the qualified Board, constituted by the authority, was mandatory to annex with the application. Both the respondents got examined by the qualified Boards which were duly constituted by the authority and they issued their respective reports and while considering their reports both the respondents were allowed to appear in the exam/test and participate in the interview process. After qualifying for the test and interview, both the respondents were declared eligible for the post. The appellants did not set forth any criteria for re-measuring the height of successful candidates. The learned Single Judge in Chamber of this Court, while keeping in view the principle lay down by the august Supreme Court of Pakistan, as well as facts and circumstances of the case, allowed the writ petitions. Learned, Assistant Advocate General appearing on behalf of the appellants remains unable to point out any error or illegality in the impugned order passed by learned Single Judge in Chamber. Hence, we find no force in these appeals which are hereby dismissed.