Law: Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974

Section: 16

Law: Constitution of Pakistan, 1973

Section: 199

(a) Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974---   ----R.16---Constitution of Pakistan (1973), Art.199---Constitutional petition---Appointment---Petitioner, who was M.A. in English and Law graduate, in pursuance of advertisement in the press applied for the post of Excise and Taxation Inspector---Petitioner was called for written test by the . Punjab Public Service Commission, petitioner appeared and was declared successful---Petitioner was called for interview along with others, but he was not found up to the mark by the Interviewing Committee, comprising two Members---Members of Interviewing Committee did not ask even a single question regarding the post; it was told by the Member of Interviewing Committee to the petitioner that as he was highly qualified and was not likely to stay as Inspector Excise and Taxation, he could not be recommended for the said post---Validity---Petitioner had been non-suited only on extraneous consideration---Flagrant disregard of law and rules by statutory bodies and functionaries, would attract power of judicial review vesting in superior courts---Constitutional petition was allowed, rejection of petitioners candidature by Public Service Commission, was declared without lawful authority---Public Service Commission was directed to conduct fresh interview of petitioner against vacant post of Excise and Taxation Inspector, fairly, justly and without being influenced by the previous outcome of the interview.   Muhammad Gul Kakar v. Province of Balochistan 1986 PLC (C.S.) 560; Attaullah Mehr v. Punjab Government 1983 CLC 2903; PLD 1984 Lah. 27; Muhammad Mumtaz-ul-Hassan v. Attaullah Mehr 1984 SCMR 1499 and Dr. Habib-ur-Rehman v. West Pakistan Public Service Commission PLD 1973 SC 144 rel.   (b) Constitution of Pakistan (1973)---   ----Art. 199-Constitutional jurisdiction---Scope---Judicial scrutiny of minutes of Selection Board---Minutes of Selection Board were not to be interfered in exercise of powers under Art.199 of the Constitution of Pakistan (1973), but in exceptional case when the court would feel that injustice was done in case of aggrieved person, the right of judicial…

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