2025 P L C (C.S.) 62
[Balochistan High Court]
Before Muhammad Ejaz Swati and Muhammad Aamir Nawaz Rana, JJ
GHULAM YASEEN and another
Versus
GOVERNMENT OF BALOCHISTAN through Secretary Home and Tribal Affairs and
7 others
Constitutional Petition No.253 of 2024, decided on 15th October, 2024.
Police Rules, 1934---
----Chapt. XII, R.12.15--- Police recruits ---Physical standards ---Minimum height of 5 feet 7
inch---Such minimum height was a standard/criteria and a condition precedent for the
appointment of a candidate as Inspector ---Contention of the petitioners was that in
recruitment process appointments of some candidates were made in relaxation of rules by the
Caretaker and elected governments without seeking opinion from the competent authority---
Validity ---Caretaker Chief Minister while relaxing the rules even did not sought opinion
from the competent authority--- No justification had been provided that why the cases of the
respondents were considered despite the fact that in view of the physical standard criteria
mentioned in the publication, number of candidates would not have participated in the
recruitment process considering themselves short of requisite physical standard, so this
subsequent relaxation had tarnished the recruitment process ---Discipline in any uniform
force could not be ensured without transparent and fair recruitment on merit ---Respondents,
who did not meet the physical criteria despite availability of other suitable candidates, were given relaxation in the physical standard set out clearly in the Police Rules, thus, such discretion exercised by the Caretaker Chief Minister may adversely affect the overall
discipline of the force ---Relaxations granted by the Chief Minister in favour of respondents
were declared illegal and void ab initio ---Some notifications of relaxation in physical
standard subsequently were issued by the elected Chief Minister but in that regard too no
justification for relaxation was provided ---Special treatment was given to certain individuals
in violation of applicable rules, thus all such recommendations in the impugned recruitment
process whereby the rule regarding physical criteria had been relaxed were also declared
illegal and without any legal effect ---Constitutional petition was allowed, in circumstances
and relaxation granted by the Caretaker and elected government in physical standard criteria was set aside/withdrawn ---Constitutional petition was allowed, in circumstances.
Khawaja Asif case's 2013 SCMR 1205 rel.
Zareef Ahmed Soomro for Petitioners.
Ameer Hamza Jogezai, Additional Advocate General for Respondents Nos.1 to 3.
Muhammad Ali Kanrani and Ali Mujtaba Buledi for Respondents Nos.4 to 7.
Date of hearing: 8th October, 2024.
JUDGMENT
MUHAMMAD AAMIR NAWAZ RANA, J. ---The Balochistan Public Service
Commission (hereinafter referred "BPSC") invited applications for initial recruitment of different posts lying vacant in various departments of province of Balochistan which
included thirty four (34) posts of Inspector (BPS -16) in the Balochistan Police. It is the case
of the petitioners that they had participated in the recruitment process and after passing the written test they appeared in the physical test and as per petitioners they did well in the
written test as well as physical test therefore they were expecting to be recommended for appointment by BPSC.
2. The grievance of the petitioners initiated when BPSC through press release dated
29.02.2024 recommended thirty three (33) candidates for the posts of Inspector (BPS -16) in
Balochistan Police, out of which result of five (05) candidates was withheld; per petitioners
the result of five candidates was withheld on the ground that they did not fulfill the required
physical standard and infect their candidature had been rejected but the said candidates
applied to the Chief Minister Balochistan for relaxation in the physical standard and the Caretaker Chief Minister without considering the relevant provisions of Police Rules without
lawful authority accorded relaxation in the physical standard to those five candidates without
any justification. The petitioners claimed that if the illegal relaxation had not been granted to
those five ineligible candidates then petitioners would have been recommended for the
appointment as Inspector in Police Department. In such scenario the petitioners have invoked the extraordinary constitutional jurisdiction of this Court by filing this petition which carries
following prayers:
A. The act of respondents of giving relaxation to the candidates not meeting the prescribed Physical condition for appointment for the post of Inspector (BPS -16) as
such, illegal, in excess of jurisdiction and authority, hence, not maintainable.
B. To set aside the Press release/ recommendations so made by the respondent No.2 vide
dated 29 -02-2024 to the extent of candidates not meeting the required physical
condition who have been extended the relaxation in Height/Chest.
C. To restrain the respondents Nos.2 and 3 from issuing the notification / appointment orders of candidates who are not meeting the required physical condition and have
been extended the relaxation in Height/ Chest.
D. To direct the respondents that after excluding the names of candidates who are not
meeting the required physical condition and have been extended the relaxation in
Height/ Chest, recommendations and consequent appointment orders of the candidates including the petitioners be issued who are subsequently coming on merit.
E. Any other relief which may deem fit and proper in the circumstances of the case may
also be awarded to the petitioners.
3. Learned counsel for the petitioners mainly contended that the Caretaker Chief
Minister had no authority to sanction relaxation in the physical standard which otherwise had been fixed according to Police Rules, 1934 and the Caretaker Chief Minister committed gross error by giving illegal relaxation to the five candidates who otherwise had not qualified
for appointment as Inspector.
4. While controverting these objections learned counsel appearing for respondents Nos.4
to 7 submitted that Chief Minister being Chief Executive of the province had the authority to grant relaxation and in this regard previously such kind of relaxations had been granted by
the competent authority; per learned counsel the respondents Nos.4 to 7 had qualified the written test and fulfilled all the requisite criteria and just because of minor deficiency in the
physical standard the recommendations were withheld but subsequently the Chief Minister
Balochistan considering the case of the respondents Nos.4 to 7 granted relaxation.
5. Learned AAG adopted the arguments of learned counsel for respondents Nos.4 to 7.
Arguments heard and relevant record perused.
6. The Home and Tribal Affairs Department through BPSC had advertised 34 posts of
inspector BPS -16 in Police Department in which the following criteria was laid down:
Qualification: Graduate from a recognized University.
Physical Standard for Male: i. Minimum Height = 5'.7" ii. Chest Measurement = 33" x
341/2 iii. Medically Fit Note: Those Candidates who do not fulfill the condition of
Height/Chest are not Eligible.
Age Limit: 18 to 25 years on closing date for receipt of applications. (No age relaxation
will be entertained)
Gender: Only Male candidates are eligible.
Syllabus Subjective Paper: English, General Knowledge and Current Affairs.
Note: Only those candidates will be called for viva voce test, who qualifies the written
exam and fulfill the required physical standard.
7. It was clearly mentioned in the criteria that the candidates who do not fulfill the
physical standard are not eligible for recommendation as Inspector in Police Department. The
Additional Chief Secretary Home and Tribal Affairs Government of Balochistan in his para -
wise comments has admitted that on the request of applicants/candidates the Chief Minister Balochistan while exercising his powers conferred by Sr.26 of the VIII Schedule of the
Balochistan Rules of Business 2012 was pleased to grant relaxation in physical standard to
the applicants who had applied for the post of Inspector (BPS -16) in Balochistan Police.
8. The applicable Police Rules, 1934 i.e. Rule 12.15 has categorically set out a criteria
for physical standard which was mentioned in the publication inviting applications from
aspirants. The said rule was relaxed that too by Caretaker Chief Minister who could not have
taken such decision considering the dictum laid down by the Supreme Court in the Khwaja
Asif case
1. The relevant excerpt is reproduced:
"30. Thus, at the touchstone of the parameters laid down in the paras supra about the
powers of the Caretaker Cabinet/Government, it is declared and held as under: --
(a) The orders of appointment/deputation, transfers as well as postings, etc., of civil
servants and Chief Executive Officers of statutory bodies, autonomous/semi -
autonomous bodies, corporations, regulatory authorities, etc., made by the Caretaker Cabinet/Prime Minister are hereby declared to be void, illegal and of no legal effect
w.e.f. date of issuance of notifications respectively, except the transfers and
appointments of senior government officers including the Chief Secretaries and IGP of any of the Provinces during the election process.
(i) However, the Federal Government, in exercise of its powers would be authorized
to allow to continue any of such appointments, transfers made by the Caretaker
Cabinet/Government in the public interest, subject to following requisite provision of
law.
(ii) As far as the issue of notifications in the cases of (i) Mumtaz Khan (C.M.A.
3451/2013), (ii) Muhammad Nadeem, AGM Marketing (C.M.A. 3480/2013) and (iii) General Syed Wajid Hussain, Chairman HIT Taxila are concerned, their notification
of appointment shall remain frozen as process of their appointments had taken place
before assumption of charge by Caretaker Cabinet/Government but their notifications
were issued by the Caretaker Government. However, the Federal Government through
competent authority shall decide fate of their cases within 15 days after receipt hereof and copy of decision shall be sent to Registrar for our perusal in Chambers.
(iii) Needless to say that if there are identical cases as noted in para (a)(ii), same shall
be dealt with in the same manner.
(b) All the orders of removal or transfers as well as posting on deputation of civil servants and Chief Executive Officers of statutory bodies, autonomous/semi -
autonomous bodies, corporations, regulatory authorities, etc., by the Caretaker Cabinet/Prime Minister are hereby declared void, illegal and of no legal effect w.e.f. date of issuance of notifications respectively, however:
(i) the Federal Government would be empowered to continue the removal or transfers,
etc., of Chief Executive Officers/heads of the departments, statutory bodies,
autonomous/semi -autonomous bodies, corporations, regulatory authorities, etc. in the
public interest, subject to following requisite provision of law.
(c) As far as contract employees are concerned, whose contracts have been cancelled or those to whom fresh contracts of service have been given by the caretaker Cabinet/Government, shall stand cancelled as holders of contract employment of both
these categories deserve no interference in view of the judgment of this Court in the
case of State Life Insurance Employees Federation of Pakistan v. Federal Government
of Pakistan (1994 SCMR 1341), because no relief can be granted to them in these
proceedings as no question of public importance with reference to enforcement of their any of the fundamental rights arises;
(d) As far as the cases of the transfers of the civil servants/employees before the
completion of tenure made allegedly in violation of the law laid down by this Court in
Anita Turab case are concerned, the concerned departments of Federal Government
shall examine their individual cases on the touchstone of the principles laid down in
the said case. However, decision given on the complaint of any of the employees by
this Court alleging violation of the principles enunciated in the judgment referred to hereinabove, shall be deemed to be in accordance with law.
(e) The appointments in autonomous/semi -autonomous bodies, corporations,
regulatory authorities, etc., made before the appointment of Caretaker Government shall also be subjected to review by the elected Government by adopting the
prescribed procedure to ensure that right persons are appointed on the right job, in
view of the observations made in above paras (Paras.Nos.25 and 26); and
(f) The Federal Government through the concerned Secretaries shall take up the issue of postings of 100 officers on deputation from Balochistan, as it was pointed out
during the hearing of this case on 22- 5-2013 and accomplish the same, if required, in
accordance with law.
9. The record transpires that the Caretaker Chief Minister while relaxing the Rules even
did not sought opinion from the competent authority which in the case of Inspector is Deputy
Inspector General of Police. Even otherwise no justification has been provided that why the cases of the private respondents were considered despite the fact that in view of the physical
standard criteria mentioned in the publication number of candidates would not have
participated in the recruitment process considering themselves short of requisite physical
standard, so this subsequent relaxation has tarnished the recruitment process.
10. The discipline in any uniform force without transparent and fair recruitment on merit
cannot be ensured. In present case the private respondents who did not meet the physical
criteria despite availability of other suitable candidates are given relaxation in the physical
standard set out clearly in the Police Rules, therefore such discretion exercised by the
Caretaker Chief Minister may adversely effect the overall discipline of the force, hence
relaxations granted by the Chief Minister in favour of private respondents are declared illegal
and void -ab-initio.
11. Learned counsel for private respondents has also contended that some notifications of
relaxation in physical standard were subsequently issued by the elected Chief Minister but in that regard too no justification for relaxation was provided that why special treatment was given to certain individuals in violation to applicable rules, therefore all such
recommendations in the impugned recruitment process whereby the rule regarding physical
criteria has been relaxed are also declared illegal and without any legal effect.
For foregoing reasons, the petition is allowed and it is held that the
respondents/candidates who did not meet the required physical criteria are not entitled for appointment and the relaxation granted by the Chief Minister Balochistan and the notifications in this regard issued by the Additional Chief Secretary Home Department,
Government of Balochistan are set -aside; the recommendations of the candidates for
appointment as Inspector (B -16) in the Balochistan Police by the Balochistan Public Service
Commission vide Press Release No.PSC (RB)/2024/17, dated 26th March, 2024 are hereby
set-aside/withdrawn.
SA/130/Bal Petition dismissed.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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