Law: Federal Public Service Commission Ordinance, 1977

Section: 7(3)(d)

Law: Competitive Examination (CSS) Rules, 2009

Section: 7(iii)

Federal Public Service Commission Ordinance (XLV of 1977) --- ----S. 7(3)(d)---Competitive Examination (CSS) Rules, 2009, R. 7(iii)---Re-evaluation of answer books---Bar---Scope---Plea of appellant was that he had performed better than the marks which had been awarded to him---Appellant filed a representation as well as review which were rejected by the Public Service Commission on the ground that the Rules did not provide for re-evaluation of the answer sheets---Validity---Competitive examination was a time bound process and Public Service Commission was required to make its recommendations within a specified time---If permission to re-examine answer books was granted to candidates from different examiners, it would be an unending exercise and would make it impossible for the Public Service Commission to prepare a final list for making its recommendations---Appellant was granted a personal hearing and his grievances were heard by the Public Service Commission---Re-examination of answer books had been prohibited by Competitive Examination Rules, 2009 under any circumstances---Marking of papers was not an exact science and a paper sent to a different examiner might result more or less marks than those awarded by original examiner---Most papers were marked by one examiner or one set of examiners and it would neither be fair nor just to send one or more papers for re-evaluation to a different examiner or set of examiners---Such exercise would open up a pandora box and would be unfair to other candidates whose papers had been marked by the same examiner or set of examiners and had qualified to get to the next stage---No specific assertion or allegation with regard to mode and manner in which answer books were checked was on record---Permitting re-evaluation of answer sheets in absence of any material on record indicating error, incompetence of examiners or mala fide on their part could not only disruptive for the process but same would also hamper the ability of Public Service Commission to perform its functions---Answer sheets of appellant were examined on his request by the Commission and there was no error or discrepancy in counting or totalling the marks…

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