Case Details

Citation(s)
2015 SLG 3104 2015 SLD 3104 2015 PLC 1430
Balochistan High Court
C.P. No. 447 of 2015, decided on 18th May, 2015. DATE of hearing: 14th May, 2015
MUHAMMAD NOOR MESKANZAI, C.J. AND MUHAMMAD HASHIM KHAN KAKAR, J

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MUHAMMAD EWAZ ZEHRI (BALOCH)

VS

CHAIRMAN SELECTION COMMITTEE FOR APPOINTMENT OF DISTRICT AND SESSIONS JUDGES and 10 others

Law:

Section:

(a) Constitution of Pakistan--- ----Arts. 199 & 33---Constitutional petition---Civil service---Appointment of Additional District and Sessions Judges---Written test of candidates---Re-examination of answer sheets by the High Court---Discrimination---Mala fide---Effect---Petitioner appeared in the written test but remained unsuccessful---Plea of petitioner was that he had been discriminated only on the basis of caste and creed by the selection committee---Validity---Petitioner had made an effort to scandalize the Judges of High Court under the colour of parochial, racial and tribal approach---Every unsuccessful candidate had tendency to say that he had performed well but assessed poorly---Request with regard to re-checking, re-evaluation and re-marking of solved papers could not be acceded to without reasonable ground---No provision of law existed to allow inspection or evaluation of the answer sheets or to show it to the person concerned---Petitioner had participated in examination and had failed in it---Petitioner had no right to challenge the proceedings on the ground of mala fide or violation of rules as he had failed to point out the same---Answer books were collected by the committee and got evaluated in a very confidential and fair manner---Experienced Judges with proven integrity were nominated for evaluation of answer books---Examiner while checking the answer sheets did not know the identity of the candidates as same were coded in order to ensure the secrecy---No question of discrimination had arisen as examination was held in a fair, transparent and confidential manner---Only seven candidates had obtained more than 50% marks and remaining eighty eight candidates secured less than the qualifying marks---Examiners had evaluated the answer sheets with care and best of their knowledge---Petitioner had leveled baseless allegations of bias attitude on the part of examiners without any reason---No mala fide existed on the part of the members of selection committee---Answer sheets of petitioner had been evaluated fairly as per genuine assessment by the examiners---Re-evaluation of answer sheets could be ordered subject to strong ground that same were not…
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