GHULAM YASEEN vs GOVERNMENT OF BALOCHISTAN through Secretary Home and Tribal Affairs Chapt

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GHULAM YASEEN VS GOVERNMENT OF BALOCHISTAN through Secretary Home and Tribal Affairs 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and relaxation granted by the Caretaker and elected government in physical standard criteria was set aside/withdrawn---Constitutional petition was allowed, in circumstances.

GHULAM YASEEN vs GOVERNMENT OF BALOCHISTAN through Secretary Home and Tribal Affairs Chapt — 2025 PLC(CS) 62 QUETTA-HIGH-COURT-BALOCHISTAN

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