MUHAMMAD IRSHAD vs GOVERNMENT OF PUNJAB through Chief Secretary R — 2026 PLC(CS) 86 LAHORE-HIGH-COURT-LAHORE |

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MUHAMMAD IRSHAD VS GOVERNMENT OF PUNJAB through Chief Secretary R. 3(v)---Police Order (22 of 2002), arts. 7(3) & 112---Sub-Inspectors and Inspectors (appointment and Conditions of Service) Rules, 2013, R.13, Schd.---Constitution of Pakistan, art. 199---Police service---advertisement for the rank of Sub-Inspector without relaxation in upper age limit---Policy decision---Interference by High Court---Scope---Exclusion of application of Punjab Civil Servants Recruitment (Relaxation of Upper age Limit) Rules, 1976 (Rules-1976), in recruitment in Police Force---Legality---Petitioners challenged the advertisement on the basis of general relaxation in upper age limits given in the Rules and on the analogy of a previous advertisement---Validity---appointment of Sub-Inspectors in Punjab Police Department is governed by the Sub-Inspectors and Inspectors (appointment and Conditions of Service) Rules, 2013, made by the Provincial Police Officer with approval of the Provincial Government in exercise of powers under art. 112 of the Police Order, 2002---These rules provide requisite qualification, physical standards, and age limits for candidates applying for recruitment---Determining the appropriate age for appointment of Sub-Inspector on open merit or from in-service quota is a policy decision based on the specific and strenuous requirements of police service, which demands physical fitness and ability associated with a younger age bracket for new entrants---Jurisdiction of Courts is to apply the law and rules on the statute book---Courts are cautious of interfering with policy decisions unless shown to be arbitrary, mala fide, or in violation of a statute, none of which was established by the petitioners---Relaxation of upper age limit for recruitment of civil servants is governed by the Rules, 1976---Police force is a distinct and disciplined entity with its own service structure and rules, separate from general civil service, thus petitioners' reliance on the Rules-1976 was misplaced and they could not claim, as of right, the benefit of a relaxation that the rule-makers had deliberately not extended to the police force---Five years age relaxation granted in a previous advertisement for service quota posts was of no avail, as that was a one-time dispensation granted by the provincial cabinet for specific reasons, mentioned in the advertisement---One-time policy decision or relaxation does not create a vested right, nor can it be cited as a binding precedent to demand similar relaxation in a subsequent and different recruitment process, especially for a different category of candidates---Constitutional petitions were dismissed, in circumstances.

MUHAMMAD IRSHAD vs GOVERNMENT OF PUNJAB through Chief Secretary R — 2026 PLC(CS) 86 LAHORE-HIGH-COURT-LAHORE

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