2023 PLP (C (PLC(CS))

ZAHEER-UD-DIN KAKAR, J.

In response to advertisement No.4 of 2019 dated 11.4.2019 published by respondent No.1 for vacant posts of Inspector Police (Home and Tribal Affairs Department), the petitioner along with respondents Nos.3 to 19 being eligible candidates applied for the said posts. After passing the written test by the petitioner and private respondents, the name of petitioner appeared at S.No.4 of the list of qualified candidates for Zhob Region; that a day before interview the candidates who had qualified the written test were called for physical measurement and verification of original documents. The physical measurement was carried out by the measurement committee of Police Department, but the petitioner along with three other candidates was declared un-fit on the ground of short height. As per petitioner, at the same time he had also qualified the written test for the post of ASI and appeared before measurement committee and he was declared fit. Feeling aggrieved, he approached the concerned authorities for redressal of his grievance with regard to declare him unfit for the post of Inspector Police but of no avail hence this constitution petition.

2. Heard arguments and perused the record. Perusal of record reveals that the petitioner applied for the post of Inspector (BPS-16) from Zhob region and after qualifying the written test, he appeared before the Committee constituted by respondent No.2 to carry out the measurement of chest and height of the candidates who had qualified written test for the posts of Inspector (BPS-16) and PASI (BPS-11) vide letter No.625-32/R/SP(Hq) dated 20.01.2021. During physical measurement on 27.01.2021, the petitioner was declared un-fit due to his short height of 5 feet- 6 3/4 Inches whereas the mandatory required height as per advertisement and Police Rules, 1934, Chapter-12-15 is 5 feet - 7 Inches. For ready reference, the said Rule is reproduced herein below: "12-15. Recruits- age and physical standards of:- (1) Recruits shall be not more than 25, or less than 18 years of age, (For Hry.

Recruits shall not be less than 18 years and not more than 27 years of age-Notification dated 14.3.29184(sic) at the time of enrolment, and shall have a minimum height of 5'-7" and normal chest measurement of 33 " with expansion of 1-1 /2 inches. These physical standards shall not be relaxed without the general or special sanction of the Deputy Inspector General. A general reduction of the standard may be allowed by Deputy Inspector General in the case of special castes or classes, which provide desirable recruits, but whose general height does not come up to that prescribed. In such cases a standard of chest measurement and general physique shall be fixed, which will permit the enlistment of strong and well proportioned youths of the class in question." (underlining is provided by us for emphasis) The above rule clearly lays down the physical standard of a recruit to be inducted in Police force. Summarily, this rule postulates that height of a recruit be 5 feet - 7 Inches. The afore stated condition/standard/criteria are condition precedent for the appointment of successful candidates as Recruits/Inspectors, which was admittedly not fulfilled by the petitioner.

3. Perusal of record further reveals that the petitioner in the month of March, 2021 submitted applications to respondents for re-conduct of his medical examination as well as interview for the said post. In response to the application of petitioner, the respondent No.2 nominated DSP Headquarter as Inquiry Officer to look into the matter and submit his detailed report. The Inquiry Officer conducted inquiry and submitted his report to the competent authority. The letter No.8061-63(14)/R(Hq) dated 19.5.2021 written by SSP Headquarter, Police Line, Quetta to the AIGP (Establishment) CPO Office, Quetta reveals that the petitioner's height measurement was carried out with two different scales by the inquiry officer and he was found un-fit for having height of 5 feet, 6-Inches and 2 soot, which is 2 soot smaller than the required measurement i.e. 5- Feet- 7-Inches. The inquiry officer also recommended for departmental action against the In-charge and members of measurement committee constituted for the post of ASI (BPS-11), who had wrongly mentioned the height of petitioner as 5 feet- 7 1/4 Inches. The SSP Headquarter, agreed with the recommendations of inquiry officer and further recommended for departmental action against the In-charge and members of the measurement committee.

4. Since, the petitioner did not fulfill the mandatory requirement of height as per Rules 12-15 of Police Rules, 1934 and there is no sanction of general or special relaxation by the Deputy Inspector General of Police, therefore, the petitioner is held not entitled for the relief as claimed for.

5. For the foregoing reasons, the instant Constitution Petition is dismissed. The earlier interim order dated 19.03.2021 passed in C.M.A. No.736 of 2021 is hereby re-called. The official respondents are directed to expedite and complete the recruitment process for the posts of Inspector Police (BPS-16) on merits. MQ/130/Bal. Petition dismissed.