M IANGUL HASSAN AURANGZEB, J:- Through the instant writ petition, the petitioner, Shamsa Batool, impugns (i) letter dated 02.05.2023 from the Federal Public Service Commission ("F.P.S.C.") and (ii) letter dated 15.05.2023 from the National Highways and Motorway Police ("N.H.&M.P.") informing the petitioner that she was not eligible to participate in the competitive process for appointment as Patrol Officer / Sub-Inspector (BS-14) since she was found to be overage by three days on the final closing date of 24.02.2020.
2. Learned counsel for the petitioner submitted that the petitioner participated in the competitive process for appointment as Patrol Officer (BS-14); that the last date for submission of application forms was 17.02.2020; that the petitioner applied online through tracking I.D.No.8161886 on 17.02.2020; that vide letter dated 21.06.2021, the petitioner was called upon to submit certain documents required for conducting the Multiple Choice Question (MCQ) test; that the petitioner was required to appear in the test scheduled for 29.09.2020; that the petitioner passed the test and her name appeared at Sr.No.483 on the merit list; that vide letter dated 20.09.2021, N.H.&M.P. informed the petitioner that she had been shortlisted for physical and driving proficiency tests and she was required to appear before the Drivers Licencing Authority on 28.09.2021; that after the clearance of the physical and driving proficiency tests, the petitioner was informed vide letter dated 13.03.2023 that she had been shortlisted for an interview to be conducted on 29.03.2023; that the petitioner reported on 29.03.2023 to be interviewed but F.P.S.C. declined to interview her; and that subsequently, vide letter dated 02.05.2023, the petitioner was informed that as she was overage by three days on the extended closing date of 24.02.2020, she was not eligible to be appointed to the post of Patrol Officer (BS-14).
3. Learned counsel for the petitioner further submitted that since the closing date for submission of the applications was extended from 17.02.2020 to 24.02.2020 purely for administrative reasons, the petitioner could not be penalized for the said extension as she had submitted her application form on 17.02.2020. Learned counsel for the petitioner prayed for the writ petition to be allowed in terms of the relief sought therein.
4. On the other hand, learned Deputy Attorney-General tendered appearance along with Muhammad Arshad, Assistant Director (Legal), F.P.S.C. and submitted that 300 posts of Patrol Officer (BS-14) in N.H.&M.P. were advertised by F.P.S.C. vide consolidated advertisement in which the closing date for the submission of applications was stated to be 24.02.2020; that F.P.S.C. provided a list of 2,948 candidates to N.H.&M.P. for conducting physical and driving proficiency tests; that the petitioner's name was mentioned in the said list and accordingly she was subjected to the said tests; that F.P.S.C. sent the matter regarding recruitment of 300 posts of Patrol Officer (BS-14) to N.H.&M.P. for completing the remaining process which included interviews; and that the petitioner was called for interview on 29.03.2023 but during the scrutiny of her documents, it came to the fore that the petitioner was overage by the closing date of 24.02.2020. Learned Deputy Attorney-General prayed for the writ petition to be dismissed.
5. I have heard the contentions of the learned counsel for the petitioner and the learned Deputy Attorney-General and have perused the record with their able assistance.
6. The record shows that on 30.01.2020, F.P.S.C. published an advertisement for appointment to 300 posts of Patrol Officer (BS-14) in N.H.&M.P. The contents of the said advertisement show that age limit of the applicants was 18-25 years plus five years of general relaxation in the upper age limit.
The closing date for the submission of applications was 17.02.2020. It is not disputed that by the said deadline of 17.02.2020, the petitioner was not overage. However, for purely "administrative reasons," the closing date for the submission of the applications was extended to 24.02.2020. This was done through advertisement dated 09.02.2020 issued by F.P.S.C. By the said closing date, the petitioner was overage by three days only. Despite this, the petitioner was subjected to physical and driving proficiency tests and after she passed the said tests, she was called for an interview on 29.03.2023. It was at this stage that it was realized that by the extended closing date of 24.02.2020, the petitioner was overage by three days. She was not interviewed which caused the petitioner to take her grievance to F.P.S.C. and N.H.&M.P. Vide letter dated 02.05.2023, F.P.S.C. advised N.H.&M.P. to consider the final closing date of 24.02.2020 for the determination of a candidate's eligibility.
Furthermore, vide letter dated 15.05.2023, N.H.&M.P. informed the petitioner that she could not be interviewed as she was overage by three days on the final closing date of 24.02.2020.
7. F.P.S.C., in its written comments, has not objected to the jurisdiction of this Court to adjudicate upon the instant writ petition.
8. It is an admitted position that the only reason why the petitioner is not being considered for further participation in the competitive process for appointment as Patrol Officer (BS-14) was that by the extended closing date of 24.02.2020, she was overage by three days. Other than this, she is not ineligible for being considered for appointment as Patrol Officer (BPS-14).
9. It is also not disputed that by the closing date of 17.02.2020 fixed in the advertisement dated 30.01.2020, the petitioner was not overage. The extension in the closing date from 17.02.2020 to 24.02.2020 was stated to be purely for "administrative reasons" and not in any manner attributable to the petitioner. Furthermore, the application forms that had been submitted by the candidates who had applied by the initial closing date of 17.02.2020 were not scraped nor was the process of receiving applications upto the said date cancelled. The applications of the candidates who had applied by 17.02.2020 were considered to have been submitted by the extended deadline of 24.02.2020. This being the position, it is my view that the applications of only those candidates who had not applied by the initial deadline of 17.02.2020 but had applied by the extended deadline of 24.02.2020 could be rejected if they were overage by 24.02.2020. The petitioner had a vested right for her application submitted within the initial deadline of 17.02.2020 to be considered in accordance with the law. The extension in the deadline, for which no plausible explanation other than the vague and ambiguous "administrative reasons" has been given, cannot be made to operate to the detriment of the petitioner. Since the petitioner had passed all the relevant tests, the decision of N.H.&M.P. endorsed by F.P.S.C. not to interview her suffers from irrationality and impropriety.
10. In view of the above, the instant petition is allowed; the impugned letter dated 15.05.2023 addressed by N.H.&M.P. to the petitioner is set-aside; and N.H.&M.P. is directed to consider the petitioner for appointment to the post of Patrol Officer (BPS-14) by subjecting her to an interview.
There shall be no order as to costs.