Law: Police Rules, 1934

Section: 13.6,13.7

Law: Constitution of Pakistan, 1973

Section: 199

(a) Police Rules, 1934---   ---Rr. 13.6 13.7---Constitution of Pakistan (1973), Art.199---Constitutional petition---Promotion---Petitioners had already qualified the list `A examination and their names appeared in the list A---Petitioners had already availed three chances for passing of the said examination necessary for being promoted to the list `B-1 of the constables---Petitioners, who failed despite availing three chances, reappeared in the examination and were declared successful---District Police Officer sought advice of Inspector General of Police whether the petitioners could avail over and above three chances that they had already availed of---Inspector General Police vide his letter opined that a constable who failed in the examination of list B-1 despite availing of three chances, was not to be provided further opportunity to reappear in the examination for promotion---Authorities instead of promoting the petitioners to list B-1, excluded their names from list A---Validity--Police Rules, 1934 did not prescribe any number of chances that could be availed by the candidates for promotion to the list B-1---In absence of such an embargo, the possible interpretation was that the number of such chances was infinite till a specific circumscription was introduced by amendment in the Rules---Petitioners, in the absence of such provision, could not be denied their right of being enlisted in list B-1 of the constables---Impugned order excluding the names of the petitioners from list A, was set aside---Authorities were directed to prepare the list B-1 of the constables afresh after including the names of the petitioners therein.    (b) Interpretation of statutes---   ----While interpreting the law, the interpretation that favoured an individual, should be preferred over one that favoured law makers.    ORDER IJAZ AHMAD, J.---This constitutional petition has been filed by the police constables serving in the Department of Punjab Police, District Attock. 2. It is contended by learned counsel for the petitioners that a constable before earning promotion to the rank of Head Constable is to cross the barrier as imposed in Rules 13.6 and…

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