Law:

Section:

Civil Servants (Appointment and Conditions of Service) Rules, 1974--- ----R. 17-A---Appointment---Eligibility---Threshold of requisite qualification---Rounding up the marks---Scope---Petitioner contended that he had fulfilled prescribed formalities for the appointment of junior clerk in place of his father who had been permanently incapacitated---Authorities contended that petitioner had secured less than 45% marks in Matriculation so he, at the most, was eligible for the post of Naib Qasid---Validity---Report and para-wise comments filed by the respondents revealed that prescribed qualification for the appointment as junior clerk according to Government Notification and Authority, qualification and mode of appointment of the employees, under the Rules of the Authority petitioner was required to have Matriculation certificate with minimum 45% marks with typing speed of 40 words per minute in English or 30 words per minute in Urdu along with having knowledge and skill of MS Office, Word Processing, Spread Sheet Development and composing etc.---Held, percentage of marks secured by the petitioner in Matriculation i.e. 44.94% could be considered as 45% and rest of the two tests/requirements would be taken by the Authority in accordance with the procedure prescribed under the law---High Court directed that in case the petitioner would qualify for the rest two tests/requirements, he would be issued appointment letter for junior clerk---Constitutional petition was disposed of accordingly. Askari Hasnain v. Secretary Establishment and others 2016 SCMR 871 ref. THIS JUDGMENT DELIVERED BY: JAWAD HASSAN, J.- Through this petition, filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (the "Constitution") the Petitioner has sought a direction to the Respondents for his appointment to the post of Junior Clerk under Rule 17-A of the Civil Servants (Appointment and Conditions of Service) Rules, 1974 (the "Rules"). 2. The facts tersely revealed from this petition are that the father of the Petitioner was appointed as Naib Qasid in the Office of Board of Intermediate and Secondary Education, Faisalabad and subsequently promoted as Junior Clerk on…

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