Yasmeen Rehmat V. Secretary Balochistan Public Serivce Commission and 3 others,

2018 P L C (C.S.) 835 [Balochistan High Court] Before Abdullah Baloch, J YASMEEN REHMAT Versus SECRETARY BALOCHISTAN PUBLIC SERVICE COMMISSION and 3 others C.P. No.9 of 2018, decided on 18th January, 2018. Constitution of Pakistan --- ----Art. 199---Constitutional petition ---Maintainability ---Civil service ---Public Service Commission ---Appointment against the post of lecturer (Botany) --- Non- impleadment of successful candidate--- Effect ---Contention of petitioner was that she was the successful candidate and the candidate who had been selected against the post in question had lower qualification ---Validity ---Petitioner without impleading the successful candidate against the post in question had filed the Constitutional petition---Petitioner had f ailed to point out the name of successful candidate who had been selected/recommended by the Public Service Commission ---Constitutioal petition was vague in nature and did not disclose any cause of action against anybody ---Constitutional petition was dismissed in limine being not maintainable ---Petitioner would be at liberty to assail the selection/ recommendation of selected candidate as and when she would come to know her name. Abdul Zahir Noorzai for Petitioner. Date of hearing: 11th January, 2018. JUDGMENT ABDULLAH BALOCH, J. --- This judgment disposes of instant Constitution Petition filed by the petitioner Yasmeen Rehmat daughter of Rehmatullah against the Balochistan Public Service Commission, Quetta and others with the following reliefs: "It is, a ccordingly respectfully prayed that declaring the respondent No.4 as successful candidate on the post of Lecturer Botany (Female) (B -17) Collegiate Branch, Education on merit, without confronting the certified written test paper of respondent No.4, is ille gal, unlawful and without lawful authority, as such may be declared as null and void. Further this Hon'ble Court may kindly be pleased to direct the official respondents to produce the certified written test paper of respondent No.4 as well as of petitione r before the Court in order to ensure the higher marks and thereafter direct the respondents Nos.1 and 2 to declare the successful candidate on the basis of higher marks for the post of Lecturer Botany (F) (B -17) Collegiate Branch, Education Quetta. Furthe r this Hon'ble Court may kindly be pleased to restrain the official respondent No.3 from issuance of any appointment order on the basis of so called declaration/ selection by the official respondents Nos. 1 and 2 on the post of Lecturer Botany (F) (B-17) C ollegiate Branch, Education Quetta. Any other relief which this Hon'ble Court deems fit and proper may kindly also be granted in the interest of justice."

2. The learned counsel for the petitioner at the very outset contended that the petitioner has applie d for the post of Botany (F) (B -17) Collegiate Branch Education Quetta, which was advertised by the official respondents and also qualified the test vide Roll No.8487 and secured 76 marks in written test, while after interview/ viva secured 45 marks. He further contended that the petitioner also hay qualification of B.Ed, M.Ed, M.Phil and have done P.HD in Bio -Technology, while in the advertisement, it was clearly mentioned that the candidates having higher qualification will be preferred and extra marks for the same will be given to the such candidates; that the petitioner was shocked on announcement of result where she was not recommended/ selected for the said post; that the official respondents i.e. Balochistan Public Service Commission has selected the blue eyed one with mala fide intention and deprived the petitioner; that the petitioner is highly qualified and entitled to be selected for the said post, but in contrary her candidature was not considered and she has been deprived from her fundamental rig hts guaranteed under Articles 4, 8, 14, 19, 25 and 27 of the Constitution of Islamic Republic of Pakistan, 1973.

3. Heard the learned counsel for the petitioner and perused the record, which reveals that the petition arrived for hearing on 5th January, 2018 while the learned counsel for the petitioner was confronted how the petition is maintainable against the respondent No.4 arrayed as: - "Respondent No.4 successful candidate for the post of Botany B -17 (all Balochistan merit 2 seats) service through respondent No.2."

4. The learned counsel frankly conceded the same and sought time for amendment of his petition by deleting the vague respondent No.4 and want to array the name of respondent No.4, who has been selected against the said post, but despite availing of such opportunity, the petition again comes for hearing on 11th January, 2018 and again the learned counsel for the petitioner was apprised and a query was again put to the learned counsel. He has failed to reply the query satisfactorily and simply sta ted that he has approached the Balochistan Public Service Commission for the name of selected candidate, but he could not receive such information from the Balochistan Public Service Commission. He was further offered to avail another opportunity to trace out the name of successful candidates, but he was unable to do so. Under such circumstances, when the petitioners claimed to be a highly qualified candidate to be selected against the said post and also claimed that the successful candidate, who has been s elected against the said post was of lower qualification and could not be appointed against the said post, but on the other hand, the petitioner has been failed to point out the name of successful candidate, who has been selected/recommended by the Balochi stan Public Service Commission against the said post, as such, the petition is vague in nature and does not disclose any cause of action against anybody.

5. For the reasons discussed hereinabove without touching the merit of case petition being not maintai nable is hereby dismissed in liminee. However, as and when she came to know the name of the selected candidate she is at liberty if feel her aggrieved she may assail the same if so desire, subject to just all exceptions. ZC/32/Bal. Petition dismiss ed.