1991 PLP (C (PLC(CS))

Date of hearing: 7th July, 1990. MUHAMMAD MEHMUD ASLAM PIRZADA (CHAIRMAN).

Mehmood Shah, Police Constable has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, against the impugned Entry No. 197, dated 8-4-1986 made in the order book of respondent S.P. Jhang ignoring the appellant for admission to List B-I and the impugned orders dated 13-7-1986 and 27-1-1987 passed by the respondents Nos. 1 and

2. The appellant has impleaded the Inspector-General of Police, Punjab, Lahore, D.I: G. Police, Faisalabad, S.P. Jhang and Noor Sultan etc. as respondents. Through this appeal the appellant has prayed that impugned orders be set aside and respondents Nos. 1 to 3 be directed to bring the name of appellant on List B-I from the date on which respondents 4 to 17 were so brought on List B-1. The relevant facts for the disposal of this appeal are that B-I examination was conducted in April 1986 wherein 104 candidates appeared, out of whom 32 candidates passed the said examination. The appellant being at No. 30 only the first 14 candidates were admitted to B-I List. Learned counsel for the appellant contended that the seniority-cum fitness-cum-educational qualifications are basis for the entry into List B-1 and not solely the marks obtained in the examination and that the appellant was Matriculate with unblemished record of service and commendable performance and that he also passed B-I examination obtaining 150/250 marks and that he ha: been illegally denied entry in List B-1. The learned-counsel for the appellant also relied on the order dated 9-4-1989 made by learned High Court in Writ Petition No. 1659 of 1988 titled Ishtiaq Hussain v. Superintendent of Police, Jhang etc. in which by granting/adding higher education marks to the marks of B-1 examination the merit of Nasir Mahmood Constable is changed from serial No.26 to serial No. 22 as he was thus found entitled to be sent up for the lower course and the S:

0. Jhang in compliance with the said order passed the order dated 13-4-1989 which is as under:- "In view of the High Court decision the name of Constable Nasir Mahmood No. 979 is admitted to List B-I with effect from 9-3-1988 at serial No. 22 below Constable Zulfiqar Ali No. 59." Learned counsel for the appellant also referred to a Circular letter No.10035/184, dated 20-7-1962 of I.-G. of Police, West Pakistan wherein inter alia the criteria of awarding marks for selection for List A & B-I under the Head; "Education", "Character", "Length of service", Commendable certificates" "Certificates for individual Good works" is specified. Conversely learned District Attorney contended that the B-I examination was competitive examination and the merit obtained in the said examination will only prevail for selection of candidates for List B-I and that if this criteria disturbed the whole structure for selection for List B-I will collapse. We have given our anxious consideration to the submissions advanced by the learned counsel for the parties and find that in view of order of the High Court and order of the Superintendent of Police, Jhang as precedent the case of the appellant may be reconsidered and re-examined in the interest of justice by the respondent No.

3. With these observations the instant appeal stands disposed of with no orders as to costs. Judgment to be communicated to the parties. M.Y.H./308/Sr.P Appeal allowed.