2018 PLP (C (PLC(CS)N)

MALIK HAQ NAWAZ, J.

The learned counsel for the petitioners submits that the petitioners applied for the post of FCs (Foot Constable) on the basis of an advertisement published in various newspapers on 05-02-2017. The petitioners were short listed and the list containing names of the petitioners were displayed. Per learned counsel only 143 candidates among the contestant qualify written test and respondents Nos.5 to 43 have not been short listed as they could not qualify. The interview of the petitioners was conducted on 27-02-2017 but when the final list of candidates was issued the names of the petitioners were conspicuously missing, whereas 39 failed candidates who could not qualify were appointed, which is not only illegal but also against the principle of natural justice and the petitioners have been denied their legitimate right without any legal justification. The appointments have been made in disregard of principles of transparency and fair play, hence whole the process be declared illegal and void ab intio. The learned counsel for the petitioner did not object the process regarding batch Nos.1 to 16, however stated that there is an apparent manipulation in batch Nos.17 to 19 and prays that the short listed candidate of above batches may not be allowed to join Police service and respondents be directed to re-advertise the above posts and to carry out fresh process.

2. On the other hand the learned Assistant Advocate General and Raja Shakeel Ahmed, advocate defended the respondents and submitted that the appointments have been made in accordance with merits and the contentions raised at bar by the learned counsel for the petitioners are without any legal foundation and wholly misconceived. The learned Advocate General relied on 2004 MLD 597, 2005 SCMR 534, 2010 GBLR 27, 2005 PLC (C.S.) 801 and CA No. 38/17 in CPLA No.110/16 passed by Hon'ble Supreme Appellate Court Gilgit-Baltistan in support of their contention.

3. On 04-07-2017, when the case came for hearing before this Court, following order was passed:- "03. 04-07-2017. Mr. Amjad Hussain advocate for the petitioners. Assistant Advocate General, along with Raja Shakeel Ahmed, advocate for the respondents. Mr. Taj Din, DSP in person present. The learned counsel for the petitioners has put forwarded multiple grounds in support of his contention, the main focus of learned counsel for the petitioners is that the proceedings conducted by the recruitment committee has been manipulated to adjust some ineligible and blue eyes candidates. We are of the opinion that to meet the ends of justice, the record of the whole process of recruitment test/interview and proceedings of physical fitness directed to be furnished to this Court on the next date of hearing. Order accordingly. Put up on 09-08-2017. Status quo be maintained to the extent of district Gilgit till above fixed date. The instant petition be placed before the D.B consisting of Mr. Justice Malik Haq Nawaz and Mr. Justice Muhammad Umer, for onward proceedings".

4. In compliance of the above order, one DSP Abdullah Khan and DSP Taj-ud-Din are present along with the record. Copy of the final list of short listed candidates were supplied to the learned counsel for the petitioners on 09-08-2017 and the learned counsel were asked to pin point or lay hand on any one of the short listed candidate, who per their information have not gone through the process of physical/written test and interview, but he could not do so and made some verbal assertion, which were not supported from the available record.

5. We also examined the list of successful candidates in open Court as well as in Chamber and found no infirmity in the process. It is further observed that a high level Committee was constituted for appointment of 122 (FCs) and the possibility of manipulation at such level becomes impossible. The contentions of the learned counsel for the petitioners are misconceived and cannot be entertained.

6. The writ petition bearing No.24/2017 is dismissed.

7. C. Misc. No.212/2017 is disposed of accordingly. ZC/217/GB Petition dismissed.