| Citation(s) |
|---|
| 2013 SLG 1760 2013 SLD 1760 2013 PLC 96 |
Lahore High Court
Writ Petition No.19417 of 2011, decision dated: 9-04-2012
SH. AZMAT SAEED, CJ
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Writ Petition No.19417 of 2011, decision dated: 9-04-2012
SH. AZMAT SAEED, CJ
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MUHAMMAD MUNAWAR JANG SHER QADRI, Advocate
VS
GOVERNMENT OF THE PUNJAB through Chief Secretary, Lahore and 3 others
Law:
Section:
Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Recruitment---Educational qualification, alternate choices---Word "or" was used between choices of qualification advertise for post in question---Contention of petitioner was that he was holding LL.B Degree and was eligible to participate in selection process for appointment of Deputy District Attorney and Assistant District Attorney---Validity---Word 'or' had been used in disjunctive sense and a candidate must either have LL.B Degree or the equivalent qualification---Candidate must not have a LL,B Degree as well as equivalent qualification as the equivalent qualification was subjected to two riders, firstly, recognition of Higher Education Commission and secondly 50% of aggregate marks---Latter conditionality could not travel beyond the disjunctive `or' especially as two alternate separate and distinct qualification had been set forth---Condition of 50% aggregate marks as prescribed was applicable only to the equivalent qualification recognized by Higher Education Commission and not the candidates having LL.B Degree---Candidates possessing LL.B Degree with requisite active practice were eligible to be considered for appointment even if they had not succeeded in obtaining 50% aggregate marks---Petition was allowed in circumstances. Master Said v. Ch. Iftikhar Hussain, District Judge Jhang and others 2002 CLC 54; Muhammad Sana Ullah v. Allah Din 1993 MLD 399 and Hakim Ali Bhatti v. Qazi Abdul Hakim and others 1986 CLC 1784 ref. JUDGMENT SH. AZMAT SAEED, C.J.--- The petitioner who claims to hold LL.B Degree has filed the captioned Constitutional Petition primarily praying that he be considered eligible to participate in the selection process for appointment as Deputy District Attorney and Assistant District Attorney. 2. Brief facts necessary for the adjudication of the lis at hand are that apparently on the requisition of the Punjab Government, respondent No.4 Punjab Public Service Commission on 7-8-2011 issued advertisement in the Press soliciting applications for appointments of D.D.A. and A.D.A. The qualification/eligibility as specified in the advertisement relevant for…
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