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The Board vide advertisement dated 15.7.2011 invited applications for appointment to the post of Constables in Civil Police and 39,425 vacancies were advertised and 2,015 vacancies of Constables in Provincial Armed Constabulary (P.A.C.) were advertised. Thus 41,440 vacancies were advertised. The petitioners who were qualified for the same, applied in pursuance of the aforesaid advertisement dated 15.7.2011. They were issued call letters and have also appeared in Physical Standard Test as well as Physical Efficiency Test. This selection process was governed by the Rules of 2008. Subsequently, advertisement dated 14.5.2013 (as modified by notification dated 20.6.2013) for selection to the post of Police Constables and Constables in P.A.C. alongwith vacancies on the post of Fireman was published. By means of aforesaid advertisement dated 14.5.2013 it was notified that the earlier selection process, which was completed partially, has been cancelled and fresh applications were invited for appointment to the post of Police Constables and Constables in P.A.C. alongwith newly added vacancies of Fireman. In pursuance to the aforesaid advertisement 35,500 posts of Police Constables and 4,033 posts of Constables in P.A.C. were advertised. Apart from this 2,077 posts of Fireman were also advertised. Thus, this time a total number of 41,610 vacancies were advertised. It is also noticeable that earlier 39,425 vacancies of Police Constables were advertised whereas this time only 35,500 vacancies of Constables in Civil Police were advertise and the vacancies of Constables in P.A.C. increased from 2,015 to 4,033. It was further provided that since the selection process for appointment to the post of Fireman is also identical, therefore, 2,077 posts of Fireman which came into existence by the year 2013 were also included in the aforesaid advertisement. It may be noted that by advertisement dated 14.5.2013 initially 20,000 posts of Constables in Civil Police were advertised, which were modified by corrigendum notification dated 20.6.2013 and this figure was increased to 35,500 and 4,033 posts of Constables in P.A.C were also added. 2,077 vacancies of Fireman were also introduced. A perusal of the amended notification/advertisement dated 20th June, 2013 clearly indicates that now 41,610 posts were advertised. This advertisement dated 14.5.2013/20.6.2013 may be referred to as the new advertisement.

For the purpose of appreciating the controversy involved herein it would be appropriate to take notice of the terms and conditions of the advertisement dated 15.7.2011 and of the advertisement dated 14.5.2013. Before proceeding further it is very much pertinent to note that the petitioners have applied in the year 2011 and after cancellation of the recruitment process of the year 2011 they have enjoyed the benefits extended to the candidates, who have applied in pursuance to the advertisement dated 15.7.2011 as extended to them by the new advertisement dated 14.5.2013. Admittedly, the petitioners have undergone all stages of selection process in pursuance to the amended Rules of the year 2013. They have also taken benefit of the increase in number of vacancies; concession in application fee; and age relaxation as extended to the candidates who have applied in pursuance to the earlier advertisement dated 15.7.2011. They have also undergone all the stages of selection process whether the recruitment conditions were relaxed or were made stringent.

"A separate booklet shall be attached with the application Form containing the information regarding educational qualification, age, minimum qualifying standards for each category of Physical Standard Test, Physical Efficiency Test, Medical Fitness, minimum qualifying marks for Written Examination subject wise, copy of O.M.R. Sheet for practice and other important guidelines;"

Admittedly, the booklet which was published in the year 2013 was in accordance with the amended Rules and the petitioners have also followed the same while applying for the aforesaid posts. As per the amended Rules of 2013 new selection process providing for different stages of selection process was introduced, which was clearly mentioned in the booklet provided alongwith the application form in pursuance to the new advertisement. The recruitment process as per Clause 4 of the booklet clearly provided that the first stage of examination was the physical standard test which is of qualifying nature; the second stage was preliminary written test of 300 marks wherein a minimum of 35% marks were required for getting through and the examination was purely qualifying in nature; the third stage was physical efficiency test which provided for 4.8 kms running within 30 minutes for male candidates, which was of 100 marks and was of qualifying nature, and the time period and the procedure for awarding marks as per the time taken in completing such running, has also been provided for male as well as female candidates separately; the fourth stage was main written examination of 300 marks; and thereafter stage of verification of documents and medical test was provided for. It can very well, therefore, be noticed that there has been a substantial change in the selection process as provided under the amended Rules of 2013 in comparison to unamended Rules of 2008. Needless to point out that admittedly the petitioners have taken benefit of all such relaxation as provided under the amended Rules of 2013. They enjoyed the increase in number of vacancies, relaxation in age, relaxation in application fee and particularly they enjoyed the relaxation as provided in Physical Efficiency Test. Earlier the male candidates were required to run 10 kms. in 60 minutes but now as per the amended provision the petitioners were required to run only 4.8 kms. in 30 minutes, for which also they were to be awarded marks as per the time consumed by them. After having enjoyed such relaxation and benefit and having participated in the selection process throughout without raising any objection now the petitioners are seeking to challenge the advertisement itself and the entire selection process. The attempt is clearly malafide in nature apart from the fact that under the law they cannot challenge the same after having participated in the selection process without raising any objection.

The argument that the cancellation of earlier recruitment process of the year 2011 was due to political reasons and the same was absolutely illegal and is liable to be set aside inasmuch the succeeding Government is duty bound to carry on unfinished job of previous Government, is also totally misconceived for the simple reason that there was change in number of vacancies and subsequently in the new advertisement vacancies on the post of Fireman (for which no relaxation was given) were also introduced and total number of vacancies increased and the recruiting body is under obligation to carry on the recruitment process as per the amended Rules of 2013, which were notified on 9.4.2013. Onus to prove malafide on the part of the subsequent government lay heavily on the petitioners which they have utterly failed to discharge.