Law: Constitution of Pakistan, 1973

Section: 199

THIS ORDER PASSED BY: JAWAD HASSAN, JUSTICE:---.--- By way of instant petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (the "Constitution"), the Petitioner has sought direction against the Respondents to issue medical docket for medical examination required for joining duties as constable/driver. 2. Briefly, the learned counsel for the Petitioner contended that the Respondents advertised posts of constable/driver in December, 2015 against which the Petitioner applied and after fulfilling all the requirements, has been declared as successful candidate in respect of which merit list was also issued. Learned counsel further submitted that despite the Petitioner being successful candidate has neither been issued medical docket, nor recruited as constable/driver. Hence, the instant petition. Furthermore, the petitioner has specifically mentioned in the petition that he had valid driving license. 3. Report and parawise comment were submitted on behalf of the Respondents vehemently denying the claim of the Petitioner. 4. Learned Law Officer submitted that the Petitioner does not fulfill the requirement for the post of Driver/Constable in Special Protection Unit (SPU) i.e. 2 years' experience after grant of at least Light Transport Vehicle (LTV) license, as such, the department has rightly withheld his recruitment. 5. From the perusal of report and para-wise comments filed on behalf of the Respondents, it reveals that requirement for the post of Driver/Constable in Special Protection Unit (SPU) is at least 2 years' experience after grant of LTV license, as required under the Standing Order No. 06/2015 issued by the Inspector General of Police Punjab under Article 10(3) of the Police Order, 2002. The comments filed by the Respondents and the advertisement also depict that candidates should possess at least LTV license with 2 years' experience whereas according to the Respondents, the Petitioner has driving experience of 11 months and 16 days after issuance of Heavy Traffic Vehicle (HTV) license, hence he did not fulfill the requirements for the said post and was, therefore, not recruited. 6. The Court has given its anxious…

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