2007 PLP (C (PLC(CS))

AKHTAR ZAMAN MALGHANI, J.

By this common judgment we intend to dispose of Constitutional Petition No.336 of 2005 and Constitutional Petition No.309 of 2006 as identical questions of fact and law are involved in both these petitions.

2. Briefly stated, facts of the case are that the petitioners Munir Ahmed and Attaullah applied for appointment in Levies Department for the posts meant for Chaghi District and according to the petitioners after test and interview they were recommended for appointment as Risaldar Levies and Levies Sepoy respectively by the Departmental Selection Committee, however; no appointment orders were issued to them and the matter was delayed due to intervention of respondent No.1 who issued instructions to the Zonal Director Levies Chaghi Zone to reconduct test and viva of the candidates of District Chaghi. Following reliefs have been claimed in Constitutional Petition No.336 of 2005:-- "It is, therefore, respectfully prayed that this Honourable Court may be pleased to declare that the direction issued by Minister, Home and Tribal Affairs, Government of Balochistan, Quetta (respondent No.1) by means of letter dated 16-2-2005 regarding retest/interview of the petitioners as null and void and further this Honourable Court may direct the concerned authorities to issue appointment letters to the petitioners as per recommendation made by Selection Committee concerned. Any other relief which this Honourable Court may deem fit and proper in the circumstances of the case may also be awarded."

3. On the other hand, petitioner Salah-ud-Din in Constitutional Petition No.309 of 2006 sought following reliefs: "It is, therefore, respectfully prayed in view of submissions made hereinabove, the recommendation/selection already made by the Provincial Selection Committee may 1cindly be declared as null and void and of no legal effect and consequence as well as in clear violation of recruitment rules etc. with further direction to official respondents to fill up the vacancies for District Chagi at Dalbandin afresh as well as on merits in accordance with law after re-advertising/conducting test and interviews. Any other relief which this Honourable Court may deem fit and proper may also be awarded."

4. We have heard learned counsel for the petitioners as well as learned Assistant Advocate-General. The learned counsel for the petitioners Munir Ahmed and another vehemently contended that the petitioners were recommended by the legally constituted committee for appointment but respondent No.1 with mala fide intention and in order to accommodate his favourite ones illegally stopped process of recruitment and directed for fresh test and interviews, who had no authority under Balochistan Civil Servants (Appointment, Promotion and Transfers) Rules, 1979 to issue such directions. He further contended that even Chief Minister without lawful excuse could not brush aside the recommendation of Selection Committee. According to the learned counsel for the petitioners the Selection Committee besides selecting candidates from Chaghi District also selected candidates for appointment from other districts which recommendations were approved by the competent authority and the candidates so selected were accordingly appointed but in respect of candidates of District Chagi discrimination was made and their appointment was withheld.

5. On the other hand, the learned counsel for petitioner Salah-ud-Din vehemently contended that after bifurcation of District Chagi into two districts fresh advertisement was required to be made in respect of newly created District inviting applications from the suitable candidates.

6. The learned Assistant Advocate-General vehemently contended that the recommendations were sent to the Chief Minister, who directed for fresh test and interviews of the candidates of District Chagi after observing irregularity in the appointments of levies posts.

7. We have carefully considered the contentions put forth by the parties' learned counsel. It may be noted that through advertisement dated 12-5-2003 applications for appointment on different posts of levies department lying vacant in different districts were invited, pursuant to which petitioners Munir Ahmed and Attaullah applied for the posts of Risaldar Levies and Levies Sepoy respectively from Chaghi District. Meanwhile Chaghi District was bifurcated into two districts i.e. Chaghi and Nushki. The Selection Committee constituted by the Government of Balochistan vide Notification No.SO(TA)6-8/2003/330-1466 dated 12-8-2004 after conducting test and interviews recommended name of petitioner Munir Ahmed for the post of Risaldar Levies and Attaullah for the post of Levies Sepoy. It may further be noted that the Selection Committee was for the whole Province and besides recommending names of petitioners Munir Ahmed and Attaullah, they also recommended various candidates for appointment but surprisingly only appointments in respect of Chaghi District were withheld, whereas; recommendations of the Selection Committee for other districts were given due weight and appointments were made accordingly, therefore; it could not be said that the. Selection Committee was biased or they committed any irregularity in the process, otherwise the Government would have not accepted the recommendations of such Committee in respect of other districts. No reasons have been assigned for withholding appointments of petitioners which act on the part of competent authority is arbitrary and discriminatory and could not be approved. We are conscious of the fact that recommendations of the Selection Committee are not binding upon the appointing authority, however; while rejecting such recommendations there must be some reasons for rejection as discretion vested in the competent authority is to be exercised judiciously with full application of mind and not in arbitrary manner, otherwise; spirit behind the rules that the candidates should be selected through Selection Committee in order to maintain transparency in the process would be defeated and the appointing authority would go on rejecting the recommendations of the Selection Committee until desirous candidates are recommended. Under Balochistan Civil Servants (Appointment, Promotion and Transfers) Rules, 1979 appointments are to be made on the recommendation of Departmental Selection Committee or Public Service Commission and not on political consideration but the letter written by respondent No.1 to respondent No.3 clearly shows that the appointments of the petitioners were not withheld due to some irregularities but on political consideration which fact is also supported by contents of para. No.5 of the summary prepared for the approval of Chief Minister, which is reproduced hereinbelow:-- "There have been many difficulties in finalizing the recommendations as it was difficult to please and satisfy every one. There was also the question of allocating posts on the basis of tribal population in a District. I believe that Selection Committee have tried to keep the tribal strength in view while recommending candidates for recruitment. In the meanwhile, the Director-General, Balochistan Levies force, was told to hold back issuance of appointment orders. This order was communicated to him in pursuance of the orders of the Minister of Home and Tribal Affairs Department." Similarly worthy Chief Minister also failed to give reasons for directing to reconduct test and interviews only to the extent of Chaghi District. In view of what have been discussed above, we are inclined to hold that the direction with regard to retest and interviews was without lawful authority and of no legal effect, consequently the respondents are directed to issue appointment letters to petitioners Munir Ahmed and Attaullah accordingly. Resultantly, Constitutional Petition No.309 of 2006 having no merits is dismissed in limbic accordingly. H.B.T./12/Q???????????????????????????????????????????????????????????????????????????????????????? Order accordingly.